Deer Lodge Elementary Policy Manual

Deer Lodge Elementary School District

POLICY MANUAL

Home of the Deputy Wardens

Please note that we make an effort to keep the information in this document as accurate and up-to-date as possible. We do not guarantee that at any point in time, all information provided by the district is complete, accurate, and timely. New content is posted as soon as possible. If you have any questions regarding the accuracy of a document, please email kgoss@mtsba.org

OP 5338

DEER LODGE ELEMENTARY SCHOOL DISTRICT MASTER INDEX

R = REQUIRED REC = RECOMMENDED OP = OPTIONAL

Absence Due to Illness or Injury

REC 1425 Abstentions From Voting

REC 5232 Abused and Neglected Child Reporting

R 4316

Accommodating Individuals With Disabilities [Community Relations]

R 5002 Accommodating Individuals With Disabilities [Personnel]

OP 7325 Accounting System Design

OP 8132

REC 3416

Activity Trips

Administering Medicines to Students

REC 7332 Advertising in Schools/Revenue Enhancement

OP 3650

R 1610

After School Programs (Life Lines)

Annual Goals and Objectives

REC 1120 Annual Organization Meeting

REC 5121

Applicability of Personnel Policies

REC 5210 Assignments, Reassignments, Transfers

REC 3122

Attendance Policy

R 3123 Attendance Policy Truancy

R 1441 Audience Participation

OP 1332

REC 5122F

Authorization of Signatures

Authorization to Release Information, Including Consent to Fingerprint Background Check

REC 8450 Automatic External Defibrillators (AED)

REC 5000 Board Goal/Personnel

R 1400 Board Meetings

R 1521 Board Superintendent Relationship

OP 1520 Board/Staff Communications

R 5325 Breastfeeding Workplace

REC 7121

REC 7110

Budget Adjustments

Budget and Program Planning

REC 7310 Budget Implementation and Execution

R 5015

Bullying/Harassment/Intimidation

R 3226 Bullying/Harassment/Intimidation/Hazing

REC 8110 Bus Routes and Schedules

REC 7510

Capitalization Policy for Fixed Assets

REC 3630 Cell Phones and Other Electronic Equipment

REC 5140

Classified Employment and Assignment

REC 1230 Clerk

REC 1511

Code of Ethics for School Board Members

REC 1130 Committees/Meetings

REC 3417 Communicable Diseases

R 4330

Community Use of School Facilities

R 5336 Compensatory Time and Overtime for Classified Employees

R 3120 Compulsory Attendance

REC 8440 Computer Software

REC 5321P

Conditions for Use of Leave

REC 4332 Conduct on School Property

OP 1512

Conflict of Interest

OP 4320 Contact With Students

R 2330 Controversial Issues and Academic Freedom

REC 4520 Cooperative Programs With Other Districts and Public Agencies

R 2312 Copyright

R 2312P Copyright Compliance

R 2413 Credit Transfer and Assessment for Placement

REC 7400 Credit/Procurement Card Use

R 2120 Curriculum Development and Assessment

OP 3312 Detention

REC 5255 Disciplinary Action

REC 3310P Discipline of Students With Disabilities

REC 3141 Discretionary Nonresident Student Attendance Policy

REC 7251 Disposal of School District Property Without a Vote

REC 4313 Disruption of School Operations

R 2168 Distance, Online, and Technology Delivered Learning

OP 4321 Distribution of Fund Drive Literature Through Students [Community Relations]

OP 3535 Distribution of Fund Drive Literature Through Students [Students]

OP 6121 District Organization

OP 6121P District Organizational Chart

R 1310 District Policy

REC 8301 District Safety

REC 8121 District Owned Vehicles

R 3612 District Provided Access to Electronic Information, Services, and Networks

REC 8420 District-Wide Asbestos Program

REC 7326 Documentation and Approval of Claims

REC 8123 Driver Training and Responsibility

R 5228 5228P Drug and Alcohol Testing for Bus and Commercial Vehicle Drivers

REC 5226 Drug Free Workplace

R 6140 Duties and Qualifications of Administrative Staff Other Than the Superintendent

R 1240 Duties of Individual Trustees

R 3125 Education of Homeless Children

REC 1111 Election

REC 3431 Emergency Treatment

REC 5450 Employee Electronic Mail and On Line Services Usage

OP 5630 Employee Use of Cellular Phones and Other Electronic Devices

OP 6141 Employment Restrictions for Administrative Personnel

REC 7260 Endowments, Gifts, and Investments

REC 3121 3121P Enrollment and Attendance Records

REC 3110

R 3210

Entrance, Placement, and Transfer

Equal Education, Nondiscrimination and Sex Equity

R 5010

R 6410

OP 1620

Equal Employment Opportunity and Non Discrimination

Evaluation of Administrative Staff

Evaluation of Board

R 5222 Evaluation of Non Administrative Staff

REC 3340 Extra and Co Curricular Alcohol, Drug, and Tobacco Use

REC 7425 Extra and Co Curricular Funds

REC 4330F

Facilities Use Agreement

R 2158 Family Engagement Policy 5328P FMLA

OP 2320

Field Trips, Excursions, and Outdoor Education

REC 7430 Financial Reporting and Audits

REC 5122 Fingerprints and Criminal Background Investigations

R 3311 Firearms and Weapons

R 8200 Food Services

REC 7410 Fund Accounting System

OP 3611 Gangs and Gang Activity

R 7515 GASB 54

REC 2166

Gifted Program

REC 6000 Goals [Administration]

REC 4000 Goals [Community Relations]

OP 7000 Goals [Financial Management]

R 2000 Goals [Instruction]

REC 8000 Goals [Noninstructional Operations]

R 2105 Grade Organization

OP 2420 Grading and Progress Reports

REC 2140 Guidance and Counseling

REC 3225F Harassment Reporting Form for Students

REC 2335 Health Enhancement

R 5510 HIPAA

REC 5120 5120P5120F

REC 5333

OP 1621

Hiring Process and Criteria

Holidays

In Service Conference for Trustees

R 2311 Instructional Materials

REC 5331 Insurance Benefits for Employees

OP 1635 Internships

REC 4411 Interrogations and Investigations Conducted by School Officials

REC 2151

Interscholastic Activities

REC 8421 Lead Renovation

R 2314 Learning Materials Review

OP 7525 Lease Purchase Agreement

REC 5321

Leaves of Absence

R 1000 Legal Status and Operation

R 2309

Library Materials 5329

Long Term Illness/Temporary Disability Leave

5329P

Long Term Illness/Temporary Disability/Maternity Leave Procedure

R 1513 Management Rights

5330

Maternity Leave

R 8205 Meal Charge Policy

R 1105 Membership

REC 5322

Military Leave

OP 3416F Montana Authorization to Possess or Self Administer Asthma, Severe Allergy, or Anaphylaxis Medication

REC 8410

Operation and Maintenance of District Facilities

R 1100 Organization

OP 5254 5254F

Payment of Employer Contributions and Interest on Previous Service

REC 5500 Payment of Wages Upon Termination

REC 7330

Payroll Procedures/Schedules

REC 5223 Personal Conduct

REC 7335 Personal Reimbursements

REC 5231 5231P Personnel Records

REC 5224 Political Activity

OP 5230 Prevention of Disease Transmission

REC 6420 Professional Growth and Development

REC 2130 Program Evaluation and Diagnostic Tests

REC 5220

Prohibition on Aiding Sexual Abuse

OP 2421 Promotion and Retention

REC 8320 Property Damage

REC 7500 Property Records

REC 4340 Public Access to District Records

R 4310 Public Complaints and Suggestions

R 4120 Public Relations

REC 7320 Purchasing

REC 1210

R 3608

R 2450

Qualifications, Terms, and Duties of Board Officers

Receipt of Confidential Records

Recognition of Native American Cultural Heritage

REC 1401 Records Available to Public

REC 8430 Records Management

REC 5256 Reduction in Force

REC 4550 Registered Sex Offenders

OP 4410 Relations With Law Enforcement and Child Protective Agencies

REC 2332 Religion and Religious Activities

REC 3440 3440P

Removal of Student During School Day

REC 5232F Report of Suspected Child Abuse or Neglect

REC 1112 Resignation [Board]

OP 5251 Resignations [Personnel]

R 5240

Resolution of Staff Complaints/Problem Solving

REC 5253 Retirement Programs for Employees

REC 7210 Revenues

REC 8300 Risk Management

REC 4330P

REC 8400

R 1420

Rules and Regulations for Building Use

Sale of Real Property

School Board Meeting Procedure

REC 1402 School Board Use of Electronic Mail

REC 8125 School Bus Emergencies

REC 8105 School Bus Replacement

RECR 35102510

School Wellness School Sponsored Student Activities

R 2100 School Year Calendar and Day

REC 3231 3231P Searches and Seizure

R 2310 2310P

Selection of Library Materials

R 2311P Selection, Adoption, and Removal of Textbooks and Instructional Materials

R 8425 8425P

Service Animals

R 3225 3225P Sexual Harassment/Intimidation of Students

R 5012 5012P Sexual Harassment/Sexual Intimidation in the Workplace

R 2161 2161P Special Education

OP 5451

Staff Development

REC 5130 Staff Health

R 2132 Student and Family Privacy Rights

REC 8124 Student Conduct on Buses

REC 3600F2 Student Directory Information Notification

R 3310 Student Discipline

REC 3224 Student Dress

R 3520 Student Fees, Fines, and Charges

OP 3530 Student Fund Raising Activities

REC 3410 Student Health/Physical Screenings/Examinations

OPREC 20503413

Student Immunization Student Instruction

OP 3221 Student Publications

REC 3600 3600F13600P

Student Records

REC 3200 Student Rights and Responsibilities

REC 5440 Student Teachers/Interns

REC 5314 Substitutes

R 2150 Suicide Awareness and Prevention

R 6110 6110P Superintendent

R 3300 Suspension and Expulsion

REC 1110 Taking Office

REC 5420 Teachers’ Aides/Paraeducators

R 2160 2160P

Title I Parent Involvement

REC 8225 Tobacco Free Policy

REC 3606 Transfer of Student Records

REC 8100 Transportation

REC 8111 Transportation of Students With Disabilities

REC 7336

Travel Allowances and Expenses

REC 1531 Trustee Expenses

REC 1532 Trustee Insurance

R 1700 Uniform Complaint Procedure

REC 4331

Use of School Property for Posting Notices

REC 1113 1113P Vacancies [Board]

RECREC 5334 5334P 4315

VisitorVacationsand Spectator Conduct

REC 4301 Visitors to Schools

REC 5430 Volunteers

REC 5125

Whistle Blowing and Retaliation

REC 5221 Work Day

REC 5337 Workers’ Compensation Benefits

DEER LODGE ELEMENTARY SCHOOL DISTRICT = required

1000 SERIES THE BOARD OF TRUSTEES

TABLE OF CONTENTS

R 1000 Legal Status and Operation

R 1100 Organization

R 1105 Membership 1110 Taking Office 1111 Election 1112 Resignation 1113 1113P Vacancies 1120 Annual Organization Meeting 1130 Committees/Meetings 1210

Qualifications, Terms, and Duties of Board Officers 1230 Clerk

R 1240 Duties of Individual Trustees

R 1310 District Policy 1332

Authorization of Signatures

R 1400 Board Meetings

1401 Records Available to Public 1402 School Board Use of Electronic Mail

R 1420 School Board Meeting Procedure 1425

Abstentions From Voting

R 1441 Audience Participation 1511 Code of Ethics for School Board Members 1512 Conflict of Interest

R 1513 Management Rights 1520 Board/Staff Communications

R 1521 Board Superintendent Relationship 1531 Trustee Expenses 1532 Trustee Insurance

R 1610 Annual Goals and Objectives 1620 Evaluation of Board 1621 In Service Conference for Trustees 1635 Internships

R 1700 Uniform Complaint Procedure

THE BOARD OF TRUSTEES

Legal Status, Operation and Organization

The legal name of this District is Deer Lodge Elementary School District No. 1, Powell County,7 State of Montana. The District is classified as a class two (2) district and is operated according to the8 laws and administrative rules pertaining to a class two (2) district.

The Board of Trustees of Deer Lodge Elementary School District No. 1 is the governmental entity11 established by the state of Montana and constitutionally charged of the supervision and control of all12 aspects of the District’s operations

To achieve its primary goal of providing each child with a basic system of free quality education as15 required by Montana Law, the Board shall exercise the full authority granted to it by the laws of the16 state. Its legal powers, duties, and responsibilities are derived from the Montana Constitution and17 state statutes and administrative rules

Policies of the District define and frame the manner via which the District conducts its official20 business. The policies of the District are modified/updated from time to time to reflect the operation21 of the District

All handbooks approved by the Board are regarded as and given the same significance as District24 policy

Legal Reference: § 20 3 323, MCA District policy and record of acts28

§ 20 3 324, MCA Powers and duties29

§ 20 6 101, MCA Definition of elementary and high school districts30

§ 20 6 201, MCA Elementary district classification31

§ 20 6 301, MCA High school district classification32

§ 20 9 309, MCA Basic system of free quality public elementary and33 secondary schools defined identifying educationally34 relevant factors establishment of funding formula35 and budgetary structure legislative review36

Article X, Section 8, MT Constitution

Policy History:40

Adopted on:41

Reviewed on:42 Revised on:43

The legal name of this District is Deer Lodge Elementary School District No. 1, Powell County,7 State of Montana. The District is classified as a class two (2) district and is operated according8 to the laws and regulations pertaining to a class two (2) district.

To achieve its primary goal of providing each child with the necessary skills and attitudes to11 become an effective citizen, the Board shall exercise the full authority granted to it by the laws of12 the state. Its legal powers, duties, and responsibilities are derived from the Montana Constitution13 and state statutes and regulations. School Laws of Montana and the administrative rules of the14 Board of Public Education and the Office of Superintendent of Public Instruction delineate the15 legal powers, duties, and responsibilities of the Board.

Legal References: § 20 3 324, MCA Powers and duties20 § 20 6 101, MCA Definition of elementary and high school districts21 § 20 6 201, MCA Elementary district classification22 § 20 6 301, MCA High school district classification

Policy History:25 Adopted on: 10/13/199826 Reviewed on: 08/14/201227 Revised on:28

The District is governed by a Board of Trustees consisting of five (5) members. The powers and7 duties of the Board include the broad authority to adopt and enforce all policies necessary for the8 management, operations and governance of the District. Except as otherwise provided by law,9 trustees shall hold office for terms of three (3) years, or until their successors are elected and10 qualified. Terms of trustees shall be staggered as provided by law.

All trustees shall participate on an equal basis with other members in all business transactions13 pertaining to the District.

Legal References: § 20 3 301, MCA Election and term of office16

§ 20 3 302, MCA Legislative intent to elect less than majority of17 trustees18

§ 20 3 305, MCA Candidate qualification and nomination19

§ 20 3 306, MCA Conduct of election20 § 20 3 307, MCA Qualification and oath21

§ 20 3 341, MCA Number of trustee positions in elementary districts22 transition

Policy History:26 Adopted on: 10/13/199827

Reviewed on: 08/14/201228 Revised on: 10/14/201429

THE BOARD OF TRUSTEES

Taking Office

A newly elected trustee shall take office as soon as election results have been certified and the7 newly elected trustee has taken and subscribed to an oath to faithfully and impartially discharge8 the duties of the office to the best of his/her ability.

A newly appointed trustee shall take office, after the trustee has taken and subscribed to an oath11 to faithfully and impartially discharge the duties of the office to the best of his/her ability.

The person shall qualify by taking an oath of office administered by the county superintendent,14 the superintendent’s designee, or any officer provided for in 1 6 101, MCA or 2 16 116, MCA.15 Such oath must be filed with the county superintendent not more than fifteen (15) days after the16 receipt of the certificate of election or the appointment.

Cross Reference: Policy 1113 Vacancies

Legal References: § 1 6 101, MCA Officers who may administer oaths24 § 2 16 116, MCA Power to administer oaths25 § 20 1 202, MCA Oath of office26 § 20-3-307, MCA Qualification and oath

Policy History:29 Adopted on: 10/13/199830 Reviewed on:31 Revised on: 08/14/2012, 10/14/201432

Elections conducted by the District are nonpartisan and are governed by applicable election laws7 as found in Titles 13 & 20 of the Montana Code Annotated. The ballot at such elections may8 include candidates for trustee positions, various public policy propositions, and advisor9 questions.

Board elections shall take place on the first (1st) Tuesday after the first (1st) Monday in May of12 each year. Any person who is a qualified voter of the District is legally qualified to become a13 trustee. A declaration of intent to be a candidate must be submitted to the District Clerk at least14 forty (40) days before the regular school election day. If different terms are to be filled, the term15 for the position for which the candidate is filing must also be indicated. Any person seeking to16 become a write in candidate for a trustee position shall file a declaration of intent no later than17 5:00 p.m. on the day before the ballot certification deadline in 20-20-401. If the number of18 candidates filing for vacant positions or filing a declaration of intent to be a write in candidate is19 equal to or less than the number of positions to be elected, the trustees may give notice no later20 than thirty (30) days before the election that a trustee election will not take place. If a trustee21 election is not held, the trustees shall declare the candidates elected by acclamation and shall22 issue a “certificate of election” to each candidate.

A candidate intending to withdraw from the election shall send a statement of withdrawal to the25 clerk of the district containing all information necessary to identify the candidate and the office26 for which the candidate filed. The statement of withdrawal must be acknowledged by the clerk27 of the district. A candidate may not withdraw after 5:00 p.m. the day before the ballot28 certification deadline in 20 20 401.

In the event of an unforeseen emergency occurring on the date scheduled for the funding31 election, the district will be allowed to reschedule the election for a different day of the calendar32 year.

In years when the Legislature meets in regular session or in a special session that affects school35 funding, the trustees may order the election on a date other than the regular school election day36 in order for the electors to consider a proposition requesting additional funding under § 20 937 353, MCA.

Legal Reference: § 13 10 211, MCA Declaration of intent for write in candidates

§ 20 3 304, MCA Annual election6

§ 20 3 305, MCA Candidate qualification and nomination

§ 20 3 313, MCA Election by acclamation notice8

§ 20 3 322, MCA Meetings and quorum

§ 20 3 322(5), MCA Meetings and quorum (unforeseen emergency10 definition)

§ 20 3 324(4), MCA Powers and duties

§ 20-3-344, MCA Nomination of candidates by petition in first-class13 elementary district

§ 20 9 353, MCA Additional financing for general fund election for15 authorization to impose16

§ 20 20 105, MCA Regular school election day and special school17 elections limitation exception18

§ 20 20 204, MCA Election Notice19

§ 20 20 301, MCA Qualifications of elector

Policy History:22 Adopted on: 02/08/200023 Reviewed on:24 Revised on: 10/14/2014, 09/08/1525

THE BOARD OF TRUSTEES

Resignation65

The resignation of a trustee of the District must be in writing, must stipulate an effective date,7 and must be submitted to the Clerk of the District98

Trustees retiring from the Board may be recognized for their service to the District by10 presentation of a service plaque or other appropriate activities.

Legal Reference: § 2 16 502, MCA Resignations14 § 20 3 308, MCA Vacancy of trustee position

Policy History:18

Adopted on: 02/08/200019 Reviewed on: 08/14/201220 Revised on: 10/14/2014, 05/14/201921

Vacancies

A trustee position becomes vacant before the expiration of a term, when any of the following7 occurs:98

1. Death of the trustee;10

2. The effective date stipulated in the written resignation of the trustee filed with the Clerk;11

3. Trustee moves out of the nominating district, establishing residence elsewhere;12

4. Trustee is no longer a registered elector of the District under the provisions of § 20-20-13 301, MCA;14

5. Trustee is absent from the District for sixty (60) consecutive days;15

6. Trustee fails to attend three (3) consecutive meetings of the trustees without good excuse;16

7. Trustee has been removed under the provisions of § 20 3 310, MCA; or17

8. Trustee ceases to have the capacity to hold office under any other provision of law.18

9. A trustee position also shall be vacant when an elected candidate fails to qualify.

When a trustee vacancy occurs, the remaining trustees shall declare such position vacant and fill21 such vacancy by appointment. The Board will receive applications from any qualified persons22 seeking to fill the position after suitable public notice. The Board will appoint one (1) candidate23 to fill the position.

Should the Board fail to fill a vacancy within sixty (60) days from the creation of a vacancy, the26 county superintendent shall appoint, in writing, a competent person to fill such vacancy. An27 appointee shall qualify by completing and filing an oath of office with the county superintendent28 within fifteen (15) days after receiving notice of the appointment and shall serve until the next29 regularly scheduled school election and a successor has qualified.

Cross

Legal

Policy History:41 Adopted on: 02/13/1998 Reviewed on: 08/14/2012 Revised on: 10/14/2014, 05/14/19

Vacancies

When a vacancy occurs on the Board, it is in the best interest of the District to encourage as7 many able citizens as possible to consider becoming a trustee. To that end, the following8 procedures shall be used to identify and appoint citizens to fill Board vacancies:

1. Announcement of the vacancy and the procedure for filling it shall be made in the general11 news media as well as District publications to patrons.

2. All citizens shall be invited to nominate candidates for the position, provided that the14 nominees shall be residents of the District. A letter of application will be required of15 interested candidates.

3. The Board shall individually interview the finalists in a regular or special meeting and18 appoint the candidate who, in the judgment of the Board, is most likely to contribute to19 the growth and development of the District’s education programs and operations. All20 trustees shall vote on the candidate of their choice.

4. If no one (1) candidate receives a majority of the votes, the Board may:

a. Discuss all candidates and vote again;

b. Discuss all candidates and vote only on those candidates with the most votes; or

c. Continue voting until one (1) candidate receives a majority vote.

5. The Board Clerk shall prepare, for the signatures of all trustees, a letter thanking all31 candidates for the position and commending them for their interest in the District.

Procedure History:36 Promulgated on: 02/13/1998 Reviewed on: 08/14/2012 Revised on:39

THE BOARD

Annual Organization Meeting

After issuance of election certificates to newly elected trustees, but no later than 15 days after the7 election, the Board shall elect from among its members a Chairperson and a Vice Chairperson to8 serve until the next annual organizational meeting. If a Board member is unable to continue to9 serve as an officer, a replacement shall be elected at the earliest opportunity to serve the10 remainder of the term. In the absence of both the Chairperson and the Vice Chairperson, the11 Board shall elect a Chairperson pro tempore, who shall perform the functions of the Chairperson12 during the latter’s absence. The Clerk shall act as Board secretary.

The normal order of business shall be modified for the annual organizational meeting by15 considering the following matters after the approval of the minutes of the previous meeting:

1. Welcome and introduction of newly elected Board members by the current Chairperson

2. Swearing in of newly elected trustees

3. Call for nominations for Chairperson to serve during the ensuing year

4. Election of a Chairperson

5. Assumption of office by the new Chairperson

6. Call for nominations for Vice Chairperson to serve during the ensuing year

7. Election of a Vice Chairperson

8. Appointment of a Clerk 5 of Notary

Policy 10/13/1998 08/14/2012 02/08/2000, 10/14/2014

THE BOARD OF TRUSTEES

Generally, trustees will function as a whole and will not form committees of the Board.7 Nevertheless the Board may create Board committees as deemed necessary or useful. All8 committees created by the Board shall comply with the open meeting laws and all other laws9 applicable to school board meetings.

Committees of the Board may be created and their purposes defined by a majority of the Board.12 The Board Chairperson shall appoint trustees to serve on such committees. Trustees serving on13 committees shall be limited to fewer than one half (½) of the Board.

Legal Reference: § 2 3 203, MCA Meetings of public agencies and certain associations19 of public agencies to be open to public exceptions20 Bryan v. Yellowstone (2002), 2002 MT 26421 Crofts v. Associated Press (2004), 2004 MT 1202322

Policy History:24 Adopted on: 10/13/199825 Reviewed on:26 Revised on: 08/14/2012, 10/14/201427

THE BOARD OF TRUSTEES

Qualifications, Terms, and Duties of Board Officers

The Board officers are the Chairperson and Vice Chairperson. These officers are elected at the7 annual organizational meeting.

Chairperson

The duties of the Chairperson include the following:

• Preside at all meetings and conduct meetings in the manner prescribed by the Board’s14 policies;15

• Make all Board committee appointments;16

• Sign all papers and documents as required by law and as authorized by action of the17 Board;18

• Close Board meetings as authorized by Montana law; and19

• Act as spokesperson for the Board.

The Chairperson is permitted to participate in all Board meetings in a manner equal to all other22 Board members, including the right to participate in debate and to vote. The Chairperson may23 not make a motion, but may second motions.

The Chairperson must be able to perform the functions of a trustee in all matters over which he/26 she presides.

Vice Chairperson

The Vice Chairperson shall preside at all Board meetings in the absence of the Chairperson and31 shall perform all the duties of the Chairperson during the Chairperson’s absence or32 unavailability. The Vice Chairperson shall work closely with the Chairperson and shall assume33 whatever duties the Chairperson may delegate.

Cross Reference: Policy 1120 Annual Organizational Meeting

Legal References: § 2 3 203, MCA Meetings of public agencies and certain associations38 of public agencies to be open to public exceptions39 § 20 3 321(2), MCA Organization and officers

Policy History:42 Adopted on: 10/13/1998 Reviewed on:44 Revised on: 08/14/2012, 10/14/201445

THE BOARD OF TRUSTEES

The Clerk of the Board shall attend all meetings of the Board, unless excused by the7 Chairperson, and shall keep an accurate and permanent record of all proceedings. The Clerk8 shall have custody of the records, books, and documents of the Board. In the absence or inability9 of the Clerk to attend a Board meeting, the trustees will have one (1) of their members or a10 District employee act as clerk for the meeting, and said person will supply the Clerk with a11 certified copy of the proceedings.

The Clerk will keep accurate and detailed accounts of all receipts and disbursements made by the14 District. The Clerk shall draw and countersign all warrants for expenditures that have been15 approved by the Board.

The Clerk will make the preparations legally required for the notice and conduct of all District18 elections.

2019

The Clerk shall prepare and submit to the Board a financial report of receipts and disbursements21 of all school funds on an annual basis, unless the Board requests such reports on a more frequent22 basis. The Clerk shall perform all functions pertaining to the preparation of school elections.23 The Clerk shall perform other duties as prescribed by state law or as directed by the Board and24 the Superintendent.

Legal references: § 20 3 321, MCA Organization and officers29

§ 20 3 325, MCA Clerk of district30

§ 20 4 201, MCA Employment of teachers and specialists by contract31

§ 20 9 133, MCA Adoption and expenditure limitations of final budget

§ 20 9 165, MCA Budget amendment limitation, preparation, and34 adoption procedures

§ 20 9 221, MCA Procedure for issuance of warrants

§ 20 20 401(2), MCA Trustees’ election duties ballot certification

Policy History:39

Adopted on: 10/13/1998 Reviewed on:41 Revised on: 08/14/2012, 10/14/2014

THE BOARD OF TRUSTEES

Duties of Individual Trustees

The authority of individual trustees is limited to participating in actions taken by the Board as a7 whole when legally in session. Trustees shall not assume responsibilities of administrators or8 other staff members. The Board or staff shall not be bound by an action taken or statement made9 by an individual trustee, except when such statement or action is pursuant to specific instructions10 and official action taken by the Board.

Each trustee shall review the agenda and attendant materials in advance of a meeting and shall be13 prepared to participate in discussion and decision making for each agenda item. Each trustee14 shall visit every school (except in 1st class districts) at least once per year to examine its15 management, conditions, and needs.

All trustees are obligated to attend Board meetings regularly. Whenever possible, a trustee shall18 give advance notice to the Chairperson or Superintendent, of the trustee’s inability to attend a19 Board meeting. A majority of the Board may excuse a trustee’s absence from a meeting if20 requested to do so.

Board members, as individuals, have no authority over school affairs, except as provided by law23 or as authorized by the Board.

Cross Reference: 1113 Vacancies

Legal References: § 20 3 301, MCA

Election and term of office31

§ 20 3 308, MCA Vacancy of trustee position32

§ 20 3 324(22), MCA Powers and duties33

§ 20 3 332, MCA Personal immunity and liability of trustees

Policy History:36 Adopted on: 10/13/1998 Reviewed on: 08/14/2012 Revised on: 10/14/2014

THE OF TRUSTEES

District Policy and Procedures5

The policies contained in this manual are adopted, implemented, and enforced in accordance with the6 supervisory authority vested with the Board of Trustees in accordance with Article X, section 8 of the7 Montana Constitution and related statues, regulations and court decisions

Adoption and Amendment of Policies10

Proposed new policies and proposed changes to existing policies shall be presented in writing for reading11 and discussion at a regular or special Board meeting. Interested parties may submit views, present data or12 arguments, orally or in writing, in support of or in opposition to proposed policy. Any written statement13 by a person, relative to a proposed policy or amendment, should be directed to the District Clerk prior to14 the final reading. The final vote for adoption shall take place not earlier than at the second (2nd) reading of15 the particular policy. New or revised policies that are required, or have required language changes based16 on State or Federal law, or are required changes by administrative rule, may be adopted after the first (1st)17 reading if sufficient notice has been given through the board agenda.

All new or amended policies shall become effective on adoption; unless a specific effective date is stated20 in the motion for adoption. Policies, as adopted or amended, shall be made a part of the minutes of the21 meeting at which action was taken and also shall be included in the District’s policy manual. Policies of22 the District shall be reviewed on a regular basis.

Policy Manuals25

The Superintendent shall develop and maintain a current policy manual which includes all policies of the26 District. Every administrator, as well as staff, students, and other residents, shall have ready access to27 District policies.

Suspension of Policies30

Under circumstances that require waiver of a policy, the policy may be suspended by a majority vote of31 the trustees present. To suspend a policy, however, all trustees must have received written notice of the32 meeting, which includes the proposal to suspend a policy and an explanation of the purpose of such33 proposed suspension.

Administrative Procedures36

The Superintendent shall develop such administrative procedures as are necessary to ensure consistent37 implementation of policies adopted by the Board.

When a written procedure is developed, the Superintendent shall submit it to the Board as an information40 item.

Legal References: Article X, Section 8 Montana Constitution

§ 20 3 323, MCA District policy and record of acts 10.55.701, ARM Board of Trustees

Policy History: Adopted on: 10/13/1998

Reviewed on:48 Revised on: 8/4/12, 10/14/14, 1/14/15, 8/17/21

THE TRUSTEES

Authorization of Signatures

For the conduct of the business of the District, the Board may grant authority to specific staff to7 sign certain documents on behalf of the District. The Chairperson and Clerk are authorized to8 use a facsimile signature plate or stamp.

Warrants: The Chairperson and Clerk are authorized to sign all District warrants by facsimile11 signature on behalf of the Board.

Checks: The District Clerk is designated as the custodian of each school building extracurricular14 fund account. The individual building Principal’s are designated as the custodian of each school15 building’s petty cash accounts.

Contracts for Goods and Services and Leases: The Superintendent is authorized to sign, on18 behalf of the Board, contracts, leases, and/or contracts for goods and services for amounts under19 $7,500 without prior approval of the Board. The types of goods and services contracted for must20 be preapproved by the Board.

Personnel Contracts: The Board Chairperson and Clerk are authorized to sign personnel23 contracts and agreements of employment on behalf of the Board, by facsimile signature.

Negotiated Agreements: Negotiated agreements shall be signed for the District by the Board26 Chairperson and the Clerk.

Policy History:31 Adopted on: 10/13/199832 Reviewed on:33 Revised on: 08/14/201234

Meetings of the Board must occur at a duly called and legally conducted meeting. “Meeting” is7 defined as the convening of a quorum of the constituent membership of the Board, whether in8 person or by means of electronic equipment, to hear, discuss, or act upon a matter over which the9 Board has supervision, control, jurisdiction, or advisory power.

Regular Meetings

Unless otherwise specified, all meetings will take place in the Central Park Center. Regular14 meetings shall take place at 7:00 p.m. on the second (2nd) Tuesday of each month, or at other15 times and places determined by a majority vote. Except for an unforeseen emergency, meetings16 must be held in school buildings or, upon the unanimous vote of the trustees, in a publicly17 accessible building located within the District. If regular meetings are scheduled at places other18 than as stated above or are adjourned to times other than the regular meeting time, notice of the19 meeting shall be made in the same manner as provided for special meetings. The trustees may20 meet outside the boundaries of the District for collaboration or cooperation on educational issues21 with other school boards, educational agencies, or cooperatives. Adequate notice of the meeting,22 as well as an agenda, must be provided to the public in advance. Decision making may only23 occur at a properly noticed meeting held within the District’s boundaries. When a meeting date24 falls on a legal holiday, the meeting shall take place the next business day.

Emergency Meetings

In the event of an emergency involving possible personal injury or property damage, the Board29 may meet immediately and take official action without prior notification.

Budget Meetings

Between July 1 and August 10 of each year, the Clerk shall publish a notice stating the date,34 time, and place trustees will meet for the purpose of considering and adopting a final budget for35 the District, stating that the meeting of the trustees may be continued from day to day until final36 adoption of a District budget and that any taxpayer in the District may appear at the meeting and37 be heard for or against any part of the budget. This notice shall be published in the Silver State38 Post.

On the date and at the time and place stated in the published notice (on or before August 20),41 trustees shall meet to consider all budget information and any attachments required by law. The42 meeting may continue from day to day; however, the Board must adopt a final budget not later43 than August 25.

Special Meetings

Special meetings may be called by the Chairperson or by any two (2) trustees. A written notice6 of a special meeting, stating the purpose of the meeting, shall be delivered to every trustee not7 less than forty eight (48) hours before the time of the meeting, except that the forty eight (48)8 hour notice is waived in an unforeseen emergency as stated in § 20 3 322(5), MCA. Such written9 notice shall be posted conspicuously within the District in a manner that will receive public10 attention. Written notice also shall be sent not less than twenty four (24) hours prior to the11 meeting, to each newspaper and radio or television station that has filed a written request for12 such notices. Business transacted at a special meeting will be limited to that stated in the13 notice of the meeting.

Closed Sessions

Under Montana law, the Board may meet in closed sessions to consider matters of individual18 privacy. Before closing a meeting, the presiding officer must determine that the demands of19 individual privacy exceed the merits of public disclosure and so state publicly before going into20 closed session. The Board also may go into closed session to discuss a strategy to be followed21 with respect to litigation, when an open meeting would have a detrimental effect on the litigating22 position of the District. This exception does not apply if the litigation involves only public bodies23 or associations as parties. Before closing a meeting for litigation purposes, the District may wish24 to consult legal counsel on the appropriateness of this action. No formal action shall take place25 during any closed session.

Public participation governor to ensure guidelines30 adopted

Legal References: § 2 3 103, MCA

§ 2 3 104, MCA Requirements for compliance with notice provisions

§ 2 3 105, MCA Supplemental notice by radio or television

§ 2 3 201, MCA Legislative intent liberal construction

§ 2 3 202, MCA Meeting defined

§ 2 3 203, MCA Meetings of public agencies and certain associations of public agencies to be open to public exceptions

§ 20 3 322, MCA Meeting and quorum

§ 20 9 115, MCA Notice of final budget meeting

§ 20 9 131, MCA Final budget meeting 10.55.701, ARM Board of Trustees

Policy History:43

Adopted on: 10/13/1998

Reviewed on:

Revised on: 08/14/2012, 10/14/2014, 11/19/16

THE BOARD OF TRUSTEES

Records Available to Public

All District records, except those restricted by state and federal law, shall be available to citizens7 for inspection at the Clerk’s office.98

Any individual may request public information from the district. The district shall make the10 means of requesting public information accessible to all persons.

Upon receiving a request for public information, the district shall respond in a timely manner to13 the requesting person by:

(a) Making the public information available for inspection and copying by the requesting16 person; or17

(b) Providing the requesting person with an estimate of the time it will take to fulfill the18 request if the public information cannot be readily identified and gathered and any fees19 that maybe charged.

The district may charge a fee for fulfilling a public information request. The fee may not exceed22 the actual costs directly incident to fulfilling the request in the most cost efficient and timely23 manner possible. The fee must be documented. The fee may include the time required to gather24 public information. The district may require the requesting person to pay the estimated fee prior25 to identifying and gathering the requested public information.

The district is not required to alter or customize public information to provide it in a form28 specified to meet the needs of the requesting person. If the district agrees to a request to29 customize a records request response, the cost of the customization may be included in the fees30 charged by the district.

In accordance with § 20 9 213(1), MCA, the record of the accounting of school funds shall be33 open to public inspection at any meeting of the trustees. A fee may be charged for any copies34 requested. Copies will be available within a reasonable amount of time following a request.

A written copy of Board minutes shall be available to the general public within five (5) working37 days following approval of the minutes by the Board. If requested, one (1) free copy of minutes38 shall be provided to local media within five (5) working days following approval by the Board.

Legal References: § 2 6 1003, MCA Access to Public Information

§ 2 6 1006, MCA Public Information requests fees

§ 20-3-323, MCA District policy and record of acts

§ 20 9 213, MCA Duties of trustees

Policy History:1

Adopted on: 10/13/19982

Reviewed on:3

Revised on: 08/14/2012, 03/12/194

THE BOARD OF TRUSTEES

School Board Use of Electronic Mail

Use of electronic mail (e mail) by members of the Board will conform to the same standards of7 judgment, propriety, and ethics as other forms of school board related communication. Board8 members will comply with the following guidelines when using e mail in the conduct of Board9 responsibilities:

1. The Board will not use e mail as a substitute for deliberations at Board meetings or for12 other communications or business properly confined to Board meetings.

2. Board members will be aware that e mail and e mail attachments received or prepared for15 use in Board business or containing information relating to Board business may be16 regarded as public records, which may be inspected by any person upon request, unless17 otherwise made confidential by law.

3. Board members will avoid reference to confidential information about employees,20 students, or other matters in e mail communications, because of the risk of improper21 disclosure. Board members will comply with the same standards as school employees,22 with regard to confidential information.

Cross Reference: 1400 Board Meetings27 1401 Records Available to Public

Legal Reference: § 2 3 103, MCA Public participation governor to ensure guidelines30 adopted31 § 2 3 201, MCA Legislative intent liberal construction32 § 2 3 203, MCA Meetings of public agencies and certain associations33 of public agencies to be open to public exceptions34 § 20 3 322, MCA Meeting and quorum

Policy History:37 Adopted on: 08/14/201238 Reviewed on:39 Revised on:40

THE BOARD OF TRUSTEES

School Board Meeting Procedure

Agenda

The authority to set the board agenda lies with the Board Chair in consultation with board members9 and the administration. The act of preparing the board meeting agendas can be delegated to the10 Superintendent.

The Board Chair or the Superintendent must approve any item submitted for the agenda. Two Board13 members can have an item added to the agenda by a written request to the Board Chair or the14 Superintendent outlining the details of the topic to be placed on the agenda. The request needs to be15 received no later than the first Tuesday of the month. Citizens wishing to make brief comments about16 school programs or procedures will follow the public comment procedures in district policy.

The agenda also must include a “public comment” portion to allow members of the general public to19 comment on any public matter under the jurisdiction of the District which is not specifically listed on20 the agenda, except that no member of the public will be allowed to comment on contested cases,21 other adjudicative proceedings, or personnel matters. The Board Chairperson may place reasonable22 time limits on any “public comment” period to maintain and ensure effective and efficient operations23 of the Board. The Board shall not take any action on any matter discussed, unless the matter is24 specifically noticed on the agenda, and the public has been allowed opportunity to comment.

With consent of a majority of members present, the order of business at any meeting may be27 changed. Copies of the agenda for the current Board meeting, minutes of the previous Board28 meeting, and relevant supplementary information will be prepared and distributed to each trustee at29 least twenty four (24) hours in advance of a Board meeting and will be available to any interested30 citizen at the Superintendent’s office twenty four (24) hours before a Board meeting. An agenda for31 other types of Board meetings will be prepared, if circumstances require an agenda.

Consent Agenda

To expedite business at its meetings, the Board approves the use of a consent agenda, which includes36 those items considered to be routine in nature. Any item that appears on the consent agenda may be37 removed by a member of the Board. Any Board member who wishes to remove an item from the38 consent agenda must give advance notice in a timely manner to the Superintendent. Remaining items39 will be voted on by a single motion. The approved motion will be recorded in the minutes, including40 a listing of all items appearing on the consent agenda.

Minutes

Appropriate minutes of all meetings required to be open must be kept and must be available for inspection by the public. [(Optional) If an audio recording of a meeting is made and designated as official, the

recording constitutes the office record of the meeting. If an official recording is made, a written6 record of the meeting must also be made and must also include:

• Date, time, and place of the meeting;9

• Presiding officer;10

• Board members recorded as absent or present;

• Summary of discussion on all matters discussed (including those matters discussed during the12 “public comment” section), proposed, deliberated, or decided, and a record of any votes taken;

• Detailed statement of all expenditures;

• Purpose of recessing to closed session; and

• Time of adjournment.

If the minutes are recorded and designated as the official record, a log or time stamp for each main19 agenda item is required for the purpose of providing assistance to the public in accessing that portion20 of the meeting.

Unofficial minutes shall be delivered to Board members in advance of the next regularly scheduled23 meeting of the Board. Minutes need not be read publicly, provided that Board members have had an24 opportunity to review them before adoption. A file of permanent minutes of Board meetings shall be25 maintained in the office of the Clerk, to be made available for inspection upon request. A written26 copy shall be made available within five (5) working days following approval by the Board.

Quorum

No business shall be transacted at any meeting of the Board unless a quorum of its members is31 present. A majority of the full membership of the Board shall constitute a quorum, whether the32 individuals are present physically or electronically. A majority of the quorum may pass a resolution,33 except as provided in § 20 4 203(1), MCA, and § 20 4 401(4), MCA.

Electronic Participation

The Board may allow members to participate in meetings by telephone or other electronic means.38 Board members may not simply vote electronically but must be connected with the meeting39 throughout the discussion of business. If a Board member electronically joins the meeting after an40 item of business has been opened, the remotely located member shall not participate until the next41 item of business is opened.

If the Board allows a member to participate electronically, the member will be considered present44 and will have his or her actual physical presence excused. The member shall be counted present for

purposes of convening a quorum. The Clerk will document it in the minutes, when members participate in the meeting electronically.

Any Board member wishing to participate in a meeting electronically will notify the Chairperson and9 Superintendent as early as possible. The Superintendent will arrange for the meeting to take place in10 a location with the appropriate equipment so that Board members participating in the meeting11 electronically may interact, and the public may observe or hear the comments made. The12 Superintendent will take measures to verify the identity of any remotely located participants.

Meeting Conduct and Order of Business

General rules of parliamentary procedure are used for every Board meeting. Robert’s Rules of Order17 may be used as a guide at any meeting. The order of business shall be reflected on the agenda. The18 use of proxy votes shall not be permitted. Voting rights are reserved to those trustees in attendance.19 Voting shall be by acclamation or show of hands.

Rescind a Motion

A motion to rescind (cancel previous action) may be made anytime by any trustee. A motion to24 rescind must be properly noticed on the Board’s agenda for the meeting. It is in order any time prior25 to accomplishment of the underlying action addressed by the motion.

Cross Reference: 1441 Audience Participation

Legal References: § 2-3-103, MCA Public participation - governor to ensure guidelines31 adopted32

§ 2 3 202, MCA Meeting defined33 § 2-3-212, MCA Minutes of meetings public inspection

§ 20 1 212, MCA Destruction of records by school officer

§ 20 3 322, MCA Meetings and quorum

§ 20 3 323, MCA District policy and record of acts

Jones and Nash v. Missoula Co., 2006 MT2, 330 Mont 2005

Policy History:40

Adopted on: 10/13/1998 Reviewed on:42 Revised on: 08/14/2012, 03/12/19

Abstentions From Voting

Section 20 3 323(2), MCA, requires the minutes of each Board meeting to include the voting7 records of each trustee present. As a general rule trustees should vote on all issues, unless8 casting a vote would be a violation of law. Under Montana law, instances in which it would be9 unlawful or inappropriate for a trustee to cast a vote on a particular issue include but are not10 necessarily limited to situations when the Board is considering hiring the relative of a trustee.

In addition, a trustee shall be allowed to abstain from voting to avoid the appearance of13 impropriety or the appearance of a perceived conflict. If a trustee abstains from voting, the14 abstention should be recorded in the minutes and may include an explanation of the reasons for15 the abstention. The Board discourages abstentions, unless the reasons are substantiated as16 provided herein.

Legal References: § 2 2 105, MCA Ethical requirements for public officers and public19 employees20

§ 2 2 121, MCA Rules of conduct for public officers and public21 employees22

§ 2 2 302, MCA Appointment of relative to office of trust or23 emolument unlawful exceptions publication of24 notice25

§ 20 1 201, MCA School officers not to act as agents26

§ 20 3 323, MCA District policy and record of acts27

§ 20 9 204, MCA Conflicts of interests, letting contracts, and calling28 for bids

Policy History:31 Adopted on: 08/14/201232 Reviewed on:33 Revised on: 05/14/1934

Audience Participation

The Board recognizes the value of public comment on educational issues and the importance of7 involving members of the public in its meetings. The Board also recognizes the statutory and8 constitutional rights of the public to participate in governmental operations. To allow fair and9 orderly expression of public comments, the Board will permit public participation through oral or10 written comments during the “public comment” section of the Board agenda and prior to a final11 decision on a matter of significant interest to the public. The Chairperson may control such12 comment to ensure an orderly progression of the meeting.

Individuals wishing to be heard by the Chairperson shall first be recognized by the Chairperson.15 Individuals, after identifying themselves, will proceed to make comments as briefly as the16 subject permits. The Chairperson may interrupt or terminate an individual’s statement when17 appropriate, including when statements are out of order, too lengthy, personally directed,18 abusive, obscene, or irrelevant. The Board as a whole shall have the final decision in19 determining the appropriateness of all such rulings. It is important for all participants to20 remember that Board meetings are held in public but are not public meetings. Members of21 the public shall be recognized and allowed input during the meeting, at the discretion of the22 Chairperson.

Cross Reference: 1420 School Board Meeting Procedure

Legal Reference: Article II, Section 8, Montana Constitution Right of participation29 Article II, Section 10, Montana Constitution Right of privacy30 §§ 2 3 101, et seq., MCA Notice and Opportunity to Be Heard

Policy History: on: 10/13/1998 08/14/2012

THE BOARD OF TRUSTEES

Code of Ethics for School Board Members

AS A MEMBER OF MY LOCAL BOARD OF TRUSTEES, I WILL STRIVE TO IMPROVE PUBLIC7 EDUCATION, AND TO THAT END I WILL:98

Attend all regularly scheduled Board meetings insofar as possible and become informed concerning the10 issues to be considered at those meetings;

Recognize that I should endeavor to make policy decisions only after full discussion at public Board13 meetings;

Make all decisions based on available facts and my independent judgment and refuse to surrender that16 judgment to individuals or special interest groups;

Encourage the free expression of opinion by all Board members and seek systematic communications19 between the Board and students, staff, and all elements of the community;

Work with other Board members to establish effective Board policies and to delegate authority for22 administration to the Superintendent;

Recognize and respect the responsibilities that properly are delegated to the Superintendent;2625

Communicate to the Superintendent expression of public reaction to Board policies, school programs, or27 staff;

Inform myself about current educational issues, by individual study and through participation in programs30 providing needed information, such as those sponsored by the Montana and National School Boards31 Associations;

Support the employment of those persons best qualified to serve as school staff and insist on regular and34 impartial evaluation of staff;

Avoid being placed in a position of conflict of interest and refrain from using my Board position for37 personal or partisan gain;

Avoid compromising the Board or administration by inappropriate individual action or comments and40 respect the confidentiality of information that is privileged under applicable law;

Remember always that my first and greatest concern must be the educational welfare of students attending public schools.

Policy History:47

Adopted on: 10/13/1998 Reviewed on: 08/14/2012 Revised on:50

THE BOARD

Conflict of Interest

A trustee may not:

1. Engage in a substantial financial transaction for the trustee’s private business purpose,9 with a person whom the trustee inspects or supervises in the course of official duties.

2. Perform an official act directly and substantially affecting, to its economic benefit, a12 business or other undertaking in which the trustee either has a substantial financial13 interest or is engaged as counsel, consultant, representative, or agent.

3. Act as an agent or solicitor in the sale or supply of goods or services to a district.

4. Have a pecuniary interest, directly or indirectly, in any contract made by the Board, when18 the trustee has more than a ten percent (10%) interest in the corporation. A contract does19 not include: 1) merchandise sold to the highest bidder at public auctions; 2) investments20 or deposits in financial institutions that are in the business of loaning or receiving money,21 when such investments or deposits are made on a rotating or ratable basis among22 financial institutions in the community or when there is only one (1) financial institution23 in the community; or 3) contracts for professional services other than salaried services or24 for maintenance or repair services or supplies when the services or supplies are not25 reasonably available from other sources, if the interest of any Board member and a26 determination of such lack of availability are entered in the minutes of the Board meeting27 at which the contract is considered.

5. Be employed in any capacity by the District, with the exception of officiating at athletic30 competitions under the auspices of the Montana Officials Association

6. Perform an official act directly and substantially affecting a business or other33 undertaking to its economic detriment when the officer or employee has a substantial34 personal interest in a competing firm or undertaking.

7. Perform an official act directly and substantially affecting to its economic benefit a37 business or other undertaking in which the officer or employee either has a38 substantial financial interest or is engaged as counsel, consultant, representative, or39 agent.

8. Appoint to a position of trust or emolument any person related or connected by42 consanguinity within the fourth (4th) degree or by affinity within the second (2nd) degree.

a. This prohibition does not apply to the issuance of an employment contract to a person as a substitute teacher who is not employed as a substitute teacher for more46

than thirty (30) consecutive school days.5

b. This prohibition does not apply to the renewal of an employment contract of a6 person related to a Board member, who was initially hired before the Board7 member assumed the trustee position.8

c. This prohibition does not apply if trustees comply with the following9 requirements: 1) All trustees, except the trustee related to the person to be10 employed or appointed, vote to employ the related person; 2) the trustee related to11 the person to be employed abstains from voting; and 3) the trustees give fifteen12 (15) days written notice of the time and place of their intended action in a13 newspaper of general circulation in the county where the school is located.

Degrees of Affinity

Affinity is the legal relationship arising as the result of marriage. Relationship by affinity terminates upon the death of one of the spouses or other dissolution of marriage, except when the7 marriage has resulted in issue still living.

Degrees of Consanguinity Great Grandparent 5 Grandparent Great Great Uncle 4 6 Uncle Child of Great Uncle 3 5 7 Uncle Child of GG Uncle Grandchild of GG Uncle

Trustee 4 6 8 1st Cousin 2nd Cousin 3rd Cousin 3 5 7 Nephew 1st Cousin 2nd Cousin once removed once removed 4 633 Grandchild Grand Nephew 1st Cousin twice removed 5 Great Grandchild Great Grand Nephew Great Grandchild

Degrees of Affinity Grandfather in law Grandfather in law

1 3 Father-in-law Uncle-in-law

1 2 Trustee Spouse Brother in law

1 319 Step Child Nephew in law Step Grandchild 3 Step Great Grandchild

Policy History:30 Adopted on: 10/13/199831 Reviewed on:32 Revised on: 08/14/2012, 05/14/19

THE BOARD OF TRUSTEES

Management Rights

The Board retains the right to operate and manage its affairs in such areas as but not limited to: 1.Direct employees;109

2.Employ, dismiss, promote, transfer, assign, and retain employees;

3.Relieve employees from duties because of lack of work or funds under conditions where13 continuation of such work would be inefficient and nonproductive;

4.Maintain the efficiency of District operations;

5.Determine the methods, means, job classifications, and personnel by which District18 operations are to be conducted;

6. Take whatever actions may be necessary to carry out the missions of the District in21 situations of emergency;

7.Establish the methods and processes by which work is performed.2524

The Board reserves all other rights, statutory and inherent, as provided by state law.

The Board also reserves the right to delegate authority to the Superintendent for the ongoing28 direction of all District programs.

Cross Reference: 6110 Superintendent

Legal Reference: §20-3-324, MCA Powers and duties35 §39-31-303, MCA Management rights of public employers36

Bonner School District No. 14 v. Bonner Education Association,37 MEA-MFT, NEA, AFT, AFL-CIO, (2008), 2008 MT 9

Policy History:40 Adopted on: 10/13/199841 Reviewed on: 08/14/201242 Revised on:43

THE BOARD OF TRUSTEES

Board/Staff Communications5

Every reasonable means of communication is encouraged throughout the education community.6 Nevertheless, an organization must maintain some order and structure to promote efficient and7 effective communications.

Staff Communications to the Board10

All official communications or reports to the Board, from principals, supervisors, teachers, or11 other staff members, shall be submitted through the Superintendent. This procedure shall not12 deny any staff member the right to appeal to the Board from administrative decisions, provided13 that the Superintendent shall have been notified of the forthcoming appeal and that it is14 processed according to the applicable procedures for complaints and grievances. The provision15 does not limit or restrict employees from engaging in public comment during Board meetings as16 permitted by Montana law.

Board Communications to Staff19

All official communications, policies, and directives of staff interest and concern will be20 communicated to staff members through the Superintendent. The Superintendent will employ all21 such media as are appropriate to keep staff fully informed of Board concerns and actions.

Visits to Schools24

In accordance with Montana statutes, each trustee shall visit every school of the District at least25 once each school fiscal year to examine its condition and needs. As a courtesy, individual Board26 members interested in visiting schools should make arrangements for visitations through the27 principals of the various schools. Such visits shall be regarded as informal expressions of28 interest in school affairs and not as “inspections” or visits for supervisory or administrative29 purposes.

Social Interaction32

Staff and Board members share a keen interest in schools and education. When they meet at33 social affairs and other functions, informal discussion about such matters as educational trends,34 issues, and innovations and general District problems can be anticipated. Discussions of35 personalities or staff grievances are not appropriate.

Legal Reference: § 20-3-324(21), MCA Powers and duties

Policy History:40 Adopted on: 10/13/199841 Reviewed on: 08/14/201242 Revised on: 9/13/2243

THE BOARD OF TRUSTEES Superintendent Relationship

The Board Superintendent relationship is based on mutual respect for their complementary roles.7 The relationship requires clear communication of expectations regarding the duties and8 responsibilities of both the Board and the Superintendent.

The Board hires, evaluates, and seeks the recommendations of the Superintendent as the District11 chief executive officer. The Board adopts policies necessary to provide the general direction for12 the District and to encourage achievement of District goals. The Superintendent develops plans,13 programs, and procedures needed to implement the policies and directs the District’s day to day14 operations.

Cross Reference: 6110 Superintendent

Legal Reference: § 20 4 401, MCA Appointment and dismissal of district21 superintendent or county high school principal22 § 20 4 402, MCA Duties of district superintendent or county high23 school principal

Policy History:26 Adopted on: 08/14/201227 Reviewed on:28 Revised on:29

Trustee Expenses

Expenses for Board Members In District

A trustee shall not receive remuneration for service as a trustee. Trustees living more than three9 (3) miles from the meeting place shall be entitled to be reimbursed for mileage at the rate10 stipulated in § 2 18 503, MCA, for each mile of travel between their homes and the meeting11 place for each meeting of the Board or for any meeting called by the county superintendent.12 Reimbursement may be paid as the travel is assumed or may accumulate until the end of the13 fiscal year, at the discretion of the trustee.

Expenses for Board Members at Out of District Meetings

Trustees normally attend workshops, training institutes, and conferences at both the state and18 national levels. The District will pay all legitimate costs for trustees to attend out of District19 meetings, at established rates for reimbursement set by the District:

1. Transportation as approved by the Board;22

2. On site transportation during the course of the meeting, i.e., bus, taxi, or rental car;23

3. Hotel or motel costs for trustee, as necessary;24

4. Food costs as necessary;25

5. Telephone services for necessary communications with business or family, resulting from26 the trustee being away from Deer Lodge;27

6. Incidental expenditures for tips and other necessary costs attributable to the trustee’s28 attendance at a meeting; however, the District will not reimburse or pay for such items as29 liquor, expenses of a spouse, separate entertainment, or other unnecessary expenditures.

Cross Reference: Travel Allowances and Expenses

Policy History:36

Adopted on: 10/13/199837

Reviewed on:38 Revised on: 08/14/2012

THE BOARD OF TRUSTEES

Trustee Insurance

The District shall maintain sufficient insurance to protect the Board and its individual members7 against liability arising from actions of the Board or its individual members while each is acting8 on behalf of the District and within the trustee’s authority.

Legal References: § 20-3-331, MCA Purchase of insurance self-insurance plan13 § 20 3 332, MCA Personal immunity and liability of trustees

Policy History:16 Adopted on: 08/14/201217 Reviewed on:18 Revised on:19

THE BOARD OF TRUSTEES

Annual Goals and Objectives

Each year, the Board will formulate or review the annual objectives for the District and will have7 available a written comprehensive philosophy of education with goals that reflect the District’s8 philosophy of education. The philosophy of education and goals shall be in writing and shall be9 available to all.

At the conclusion of the year, the Superintendent shall submit a report to the Board which12 reflects the degree to which annual objectives have been accomplished.

Legal Reference: 10.55.701, ARM Board of Trustees

Policy History:19 Adopted on: 08/14/201220 Reviewed on:21 Revised on:22

THE BOARD OF TRUSTEES

Evaluation of Board

At the conclusion of each year, the Board may evaluate its own performance in terms of7 generally accepted principles of successful Board operations.98

The Board may choose to evaluate the effectiveness of the processes it employs in carrying out10 the responsibilities of the District. Those processes include but are not limited to: team building,11 decision making, functions planning, communications, motivation, influence, and policy.

Policy History:16 Adopted on: 08/14/201217 Reviewed on:18 Revised on:19

THE BOARD OF TRUSTEES

In Service Conference for Trustees

In keeping with the need for continued boardsmanship development, the Board encourages the7 participation of its members at appropriate Board conferences, workshops, conventions, and8 District sponsored in service training sessions. Funds for participation at such meetings will be9 budgeted on an annual basis.

Policy History:14

Adopted on: 10/13/199815 Reviewed on: 08/14/201216 Revised on:17

BOARD TRUSTEES

Internships

Internship means an agreement between a fully licensed Class 1, 2, or 3 educator, the school7 district, and a Montana accredited educator preparation program. Internships are permitted in8 endorsement areas approved by the Board of Public Education.

The Board recognizes the need to provide training opportunities for prospective teachers and11 administrators. Internships for those in the process of acquiring teaching endorsements and/or12 administrative credentials shall be considered and approved on an individual basis. The13 Superintendent or designee involved will review the internship proposal with the candidate and14 the university representative, much in the same manner as student teachers are assigned.

As part of an internship agreement, the parties must agree to the following: (a) the intern will complete the requirements for the appropriate endorsement within three years;19 (b) the school district will provide local supervision and support of the intern; and20 (c) the accredited educator preparation program will approve the coursework and provide support21 and periodic supervision.

A superintendent intern shall be supervised throughout the year by a licensed and endorsed24 superintendent contracted by the district, including participation in, and review of, and written25 concurrence in all performance evaluations of licensed staff completed by the intern.

An emergency authorization of employment granted by the Superintendent of Public Instruction28 pursuant to §20 4 111, MCA is not a license; therefore is not eligible for an internship.

Legal Reference: § 20 4 111, MCA

Emergency authorization of employment31

ARM 10.55.602 Definitions

ARM 10.55.607

ARM 10.55.702

ARM 10.57.412

ARM 10.57.413

Internships

Licensure and duties of District Administrator District Superintendent

Class 1 and 2 Endorsements

Class 3 Administrative License

Policy History:41

Adopted on: 05/11/1999

Reviewed on: 08/14/2012 Revised on: 10/14/2014

The Board establishes this Uniform Complaint Procedure as a means to address complaints7 arising within the District. This Uniform Complaint Procedure is intended to be used for all8 complaints except those governed by a specific process in state or federal law that supersedes9 this process or collective bargaining agreement. Matters covered by a collective bargaining10 agreement will be reviewed in accordance with the terms of the applicable agreement.

The District requests all individuals to use this complaint procedure, when the individual13 believes the Board or its employees or agents have violated the individual’s rights under state or14 federal law or Board policy. Complaints against a building administrator shall be filed with the15 Superintendent Complaints against the Superintendent or District administrator shall be filed16 with the Board.

The District will endeavor to respond to and resolve complaints without resorting to this formal19 complaint procedure and, when a complaint is filed, to address the complaint promptly and20 equitably. The right of a person to prompt and equitable resolution of a complaint filed hereunder21 will not be impaired by a person’s pursuit of other remedies. Use of this complaint procedure is22 not a prerequisite to pursue other remedies and use of this complaint procedure does not extend23 any filing deadline related to pursuit of other remedies.

Deadlines requiring District action in this procedure may be extended for reasons related but not26 limited to the District’s retention of legal counsel and District investigatory procedures.

Level 1: Informal

An individual with a complaint is first encouraged to discuss it with the appropriate employee or31 building administrator with the objective of resolving the matter promptly and informally. An32 exception is that a complaint of sexual harassment should be discussed directly with an33 administrator not involved in the alleged harassment.

Level 2: Building Administrator

When a complaint has not been or cannot be resolved at Level 1, an individual may file a signed38 and dated written complaint stating: (1) the nature of the complaint; (2) a description of the event39 or incident giving rise to the complaint, including any school personnel involved; and (3) the40 remedy or resolution requested. The written complaint must be filed within thirty (30) calendar41 days of the event or incident or from the date an individual could reasonably become aware of42 such event or incident. The applicability of the deadline is subject to review by the43 Superintendent to ensure the intent of this uniform complaint procedure is honored.

When a complaint alleges violation of Board policy or procedure, the building administrator will46

investigate and attempt to resolve the complaint. The administrator will respond in writing to the4 complaint, within thirty (30) calendar days of the administrator’s receipt of the complaint.

If the complainant has reason to believe the administrator’s decision was made in error, the7 complainant may request, in writing, that the Superintendent review the8 administrator’s decision. (See Level 3.) This request must be submitted to the Superintendent9 within fifteen (15) calendar days of the administrator’s decision.

When a complaint alleges sexual harassment or a violation of Title IX of the Education12 Amendments of 1972 (the Civil Rights Act), Title II of the Americans with Disabilities Act of13 1990, or Section 504 of the Rehabilitation Act of 1973, the Administrator shall turn the14 complaint over to the applicable District nondiscrimination coordinator. The coordinator shall15 ensure an investigation is completed in accordance with the applicable procedure In the case of16 a sexual harassment or Title IX complaint the applicable investigation and appeal procedure is17 Policy 3225P or 5012P In the case of a disability complaint, the coordinator shall complete an18 investigation and file a report and recommendation with the Administrator for decision. Appeal19 of a decision in a disability complaint will be handled in accordance with this policy.

Level 3: Superintendent

If the complainant appeals the administrator’s decision provided for in Level 2, the24 Superintendent will review the complaint and the administrator’s decision. The Superintendent25 will respond in writing to the appeal, within thirty (30) calendar days of the Superintendent’s26 receipt of the written appeal. In responding to the appeal, the Superintendent may: (1) meet with27 the parties involved in the complaint; (2) conduct a separate or supplementary investigation; (3)28 engage an outside investigator or other District employees to assist with the appeal; and/or (4)29 take other steps appropriate or helpful in resolving the complaint.

If the complainant has reason to believe the Superintendent’s decision was made in error, the32 complainant may request, in writing, that the Board consider an appeal of the Superintendent’s33 decision. (See Level 4.) This request must be submitted in writing to the Superintendent, within34 fifteen (15) calendar days of the Superintendent’s written response to the complaint, for35 transmission to the Board.

Level 4: The Board

Upon written appeal of a complaint alleging a violation the individual’s rights under state or40 federal law or Board policy upon which the Board of Trustees has authority to remedy, the Board41 may consider the Superintendent’s decision in Level 2 or 3. Upon receipt of written request for42 appeal, the Chair will either: (1) place the appeal on the agenda of a regular or special Board43 meeting, (2) appoint an appeals panel of not less than three trustees to hear the appeal and make a recommendation to the Board, or (3) respond to the complaint with an explanation of why the appeal will not be heard by the Board of Trustees in accordance with this policy. If the Chair

appoints a panel to consider the appeal, the panel will meet to consider the appeal and then make4 written recommendation to the full Board. The Board will report its decision on the appeal, in5 writing, to all parties, within thirty (30) calendar days of the Board meeting at which the Board6 considered the appeal or the recommendation of the panel. A decision of the Board is final,7 unless it is appealed pursuant to Montana law within the period provided by law.

Cross Reference: 3210 Equal Educational Opportunity and Nondiscrimination10

5010 Equal Employment Opportunity and Nondiscrimination11 3225 3225P Sexual Harassment of Students12 5012 5012P Sexual Harassment of Employees

Legal Reference: Title IX of the Education Amendments of 1972 (Civil Rights Act)15 Title II of the Americans with Disabilities Act of 199016 § 504 of the Rehabilitation Act of 1973

Policy History:19 Adopted on: 8/14/1220 Reviewed on:21 Revised on: 6/11/19, 8/17/2122

DEER LODGE ELEMENTARY SCHOOL DISTRICT

1900 SERIES COVID 19 EMERGENCY POLICIES

TABLE OF CONTENTS

1900 Introduction and Emergency Policy Framework 1901 School District Policy and Procedures 1903 School District Meetings and Gatherings 1905 Student, Staff, and Community Health and Safety 1905P Administrative Procedures for Health and Safety 1907 School District Declaration of Emergency 1909 Human Resources and Personnel 1910 Personnel Use of Leave

COVID 19 Emergency Policies 1900

In light of the COVID 19 pandemic, the Board of Trustees has found it necessary to adopt5 temporary policies related to emergency school closures, the ongoing provision of educational6 services to students, meetings of the Board, gatherings on school property, health and safety of7 students, staff and community members, human resource matters and budgetary matters. To8 ensure clarity and transparency, the board has organized all emergency school policies into a9 temporary chapter. The Board has also included this introductory section as a heading for each10 policy to ensure understanding of the purpose and duration of each policy adopted pursuant to11 this chapter.

Purpose(s) of Policies

1. Ensuring that locally elected trustees charged with the supervision and control of their16 local public schools, in collaboration with their staff leadership teams, make decisions17 that are in the best interests of students, staff and the community served.18

2. Ensuring measures to protect the health and safety of students, staff and community19 members.20

3. Addressing issues relating to student instruction and family engagement.21

4. Addressing barriers to learning presented by distance.22

5. Improvement of instruction in on site, offsite, and/or on line settings23

6. Ensuring continuity of employment of school district staff and/or continuity of services24 provided by contract transportation providers25

7. Ensuring accountability to families with children.

Term of COVID 19 Emergency Measures Policies

School District Policies Numbered 1900 1999 are intended to govern during any emergency30 related to COVID 19 declared by the President, Congress, Montana Legislature, Governor,31 Montana Department of Public Health and Human Services, County Health Department or the32 Board of Trustees. The term of School District Policies Numbered 1900 1999 shall run until33 terminated by a vote of the board of trustees.

Cross Reference: Policy 2221 2221P School Closure36

Policy 1400 Board Meetings

Policy 1310 Policy and Procedure

Policy 1420 Meeting Procedure

Legal Reference: Executive Order 2 2021 Office of the Governor and accompanying41 Directives

Section 20 9 801 806, MCA Emergency School Closure

Section 50 1 202 204, MCA Public Health Laws

Section 10 3 104, MCA General Authority of Governor

Article X, section 8 Montana Constitution

Policy History:5

Adopted on: 5/6/206

Reviewed on:7 Revised on: 7/13/218 Terminated on:9

COVID 19 Emergency Measures

Administrative Procedures for Student, Staff, and Community Health and Safety

The administrative team of the School District has adopted these procedures in accordance with7 Policy 1310 in order to implement Policy 1905 during the term of the declared public health8 emergency to ensure a safe and healthy work and instructional setting. These procedures were9 developed in accordance with the latest available guidance from the Centers for Disease Control10 and in coordination with applicable state, tribal, and local health officials. These procedures11 supplement Policy 1905. All provisions in Policy 1905 remain in effect.

Personnel Cleaning and Disinfecting

Personnel will evaluate and identify surfaces and objects to be cleaned and disinfected in16 accordance with their knowledge, experience, and the latest available guidance from the Centers17 for Disease Control, state, tribal, and local health officials. Personnel will have access to or the18 opportunity to access the latest available guidance upon request to their supervisor.

Personnel will coordinate with colleagues and supervisors to develop a plan, schedule, and21 routine to regularly clean and disinfect identified surfaces and objects. Personnel will honor this22 plan, schedule, and routine until adjusted. Reasons for adjustment may include but are not23 limited to change in school schedule, absence of colleagues, availability of equipment and24 supplies, and federal, state, tribal or local health directives and guidance. If adjustment is25 necessary, personnel will again coordinate with colleagues and supervisors to improve the plan,26 schedule, and routine. Personnel will solicit and accept perspectives from colleagues and other27 school officials when considering improvements to the plan.

Personnel will prioritize disinfecting frequently touched and indoor surfaces Hard and non30 porous surfaces and objects that are touched daily will be the top priority for disinfection on a31 daily basis. Hard and non porous surfaces and objects that are not indoors or have not been32 occupied for seven days will be routinely cleaned. Personnel will first clean visibly dirty33 surfaces and objects prior to disinfection by using the appropriate cleaning or disinfecting34 product for the identified surface, object, or task. Personnel will always use chemicals, products,35 and substances authorized by Policy 1905 in a manner consistent with the applicable instructions.

Personnel will thoroughly clean or launder soft, porous, or fabric based materials as permitted by38 location and substance. During evaluation and identification of surfaces, personnel will consider39 removing soft and porous materials in high traffic areas that may increase risk of exposure.

Personnel will establish and maintain safe work practices in accordance with these procedures42 and School District policy in order to reduce the risk of exposure.

Symptoms of Illness

Personnel who are ill, feeling ill, diagnosed as ill, or otherwise demonstrating symptoms of5 illness must not come to school or work. Personnel who have a fever or are exhibiting other signs6 of illness while at work will be authorized to return home. All affected surfaces and areas should7 be thoroughly cleaned and disinfected once the staff member has vacated the area by staff8 utilizing safety measures in this procedure in accordance with available standards as applicable.9 Staff members will be provided access to leave in accordance with District Policy 1911 or the10 applicable Master Contract, Collective Bargaining Agreement, or Memorandum of11 Understanding.

Physical Distancing and Work Areas

Staff members working in the school when no students are present will maintain appropriate17 physical distance from their colleagues as permitted by their duties and work setting to minimize18 contact and risk of exposure. Staff members will have access to disinfecting wipes or19 disinfecting spray and disposable paper towels and time to clean their desk, office, work area or20 classroom when needed.

Report and Revision

These administrative procedures will be reported to the board of trustees upon adoption and26 implementation by the administration in accordance with Policy 1310. The board of trustees27 retains the authority to amend policy and procedures. Any revision to these procedures will be28 reported to the board of trustees.

Applicability of Emergency Policy Series

During a state of emergency declared by the Board of Trustees or other local, state or federal agency,9 official, or legislative body, the provisions in the emergency policies adopted by the Board of Trustees as10 codified at 1900 1999 in the district policy manual will govern in the event of any conflict or11 inconsistency between an emergency policy and other provision in the district policy manual All other12 aspects of the district policy manual not affected by the provisions in the emergency policy series13 continue to be in full effect

Legal References

In the absence of a legal reference on an emergency policy adopted by the Board of Trustees, the policy is18 specifically based on the Board of Trustees authority to supervise and control the schools within the19 District in accordance with Article X, section 8 of the Montana Constitution

Adoption and Amendment of Policies

New or revised policies that are required or have required language changes based on State or Federal law24 or directive, required by administrative rule, or are required due to a declaration of emergency issued by25 the Board of Trustees or other state or federal agency official or legislative body may be adopted after the26 first (1st) reading if notice has been given through the board agenda provided to the trustees and public.27 All new or amended policies adopted as part of the emergency policy series shall become effective28 immediately upon adoption; unless a specific effective date is stated in the motion for adoption.

Suspension of Policies

Under circumstances that require waiver of a policy, the policy may be suspended by a majority vote of33 the trustees present. To suspend a policy, however, all trustees must have received written notice of the34 meeting, which includes the proposal to suspend a policy and an explanation of the purpose of such35 proposed suspension.

Administrative Procedures

The Superintendent shall develop such administrative procedures as are necessary to ensure consistent implementation of policies adopted by the Board of Trustees.

Legal References: § 20 3 323, MCA District policy and record of acts 10.55.701, ARM Board of Trustees

Policy History:47 Adopted on: 5/6/20 Reviewed on:49 Revised on:50 Terminated on:51

Title 20, Chapter 9 Part 8, MCA

COVID 19 Emergency Measures

School District Meetings, Gatherings, Events, and Visitors

The School District has adopted the protocols outlined in this policy to govern during the term of7 the declared public health emergency to ensure individuals present at a school facility for events8 or other operationally related reasons honor safety protocols. The supervising teacher, principal,9 superintendent or designated personnel are authorized to implement this policy in coordination10 with state and local health officials.

School District Events

The School District shall not hold any physical meetings, gatherings, or events in or on school16 property. The Board of Trustees may authorize meetings, gatherings, and events utilizing17 electronic means when the meeting, gathering or event is essential to district operations

Visitors to Schools

Visitors to the interior of any school building shall be permitted Visitors in any school building23 must adhere to all health and safety guidelines outlined in District Policy 1905.

Volunteers

Volunteers utilized by the School District that have been approved in accordance with District28 Policy 5430 may enter the school building in accordance with the protocols outlined in District29 Policy 1905.

Facilities Use Agreements

Facilities Use Agreements and other similar requests submitted in accordance with District34 Policy 4330 shall be considered.

Enforcement

Visitors to any school building or any attendee at a meeting, gathering, or event authorized by39 the Board of Trustees in accordance with this policy who fail to honor the requirements of40 District Policy or the directives of School District officials shall be asked to correct their conduct41 or leave the meeting, gathering, or event in accordance District Policy 4315.

Cross Reference: Policy 1901 School District Policy and Procedures44

Policy 1905 Student, Staff, and Community Health and Safety

Policy 1400 Board Meetings

Policy 5430 Volunteers3

Policy 4301 Visitors to Schools4

Policy 4332 Conduct on School Property5

Policy 4315 Visitor and Spectator Conduct6

Policy 4330 Community Use of School Facilities

Policy History:11 Adopted on: 5/12/2012 Reviewed on:13 Revised on: 7/13/2114 Terminated on:15

Student, Staff, and Community Health and Safety

The School District has adopted the protocols outlined in this policy during the term of the7 declared public health emergency to ensure the safe and healthy delivery of education services8 provided to students on school property in accordance with Policy 1906, and a safe workplace9 when staff are present on school property in accordance with Policy 1909, and the safety, health10 and well being of parents and community members. The supervising teacher, principal,11 superintendent or designated personnel are authorized to implement the protocols in coordination12 with state and local health officials.

Symptoms of Illness

Staff who are ill, feeling ill, diagnosed as ill, or otherwise demonstrating symptoms of illness17 must not come to work. Staff members will be provided access to leave in accordance with the18 applicable Master Contract of Memorandum of Understanding.

Parents, guardians, or caregivers of students who are ill, feeling ill, diagnosed as ill, or otherwise21 demonstrating symptoms of illness must not be present at the school for any reason including but22 not limited events or gatherings or to drop off or pick up students excepted as provided by this23 policy. To avoid exposing others to illness, parents or caregivers who are ill must make24 arrangements with others to transport students to school or events, if at all practicable. If not25 practicable, parents, guardians or caregivers must not leave their vehicle during pickup or drop26 off and must arrange with District staff to supervise students in accordance with physical27 distancing guidelines in this Policy.

Physical Distancing

Staff, volunteers, and visitors will maintain a three foot distance between themselves and their33 colleagues and peers throughout the school day inside any school building, on school provided34 transportation, and on school property before and after school.

Drop off and pick up of students will be completed in a manner that limits direct contact between37 parents and staff members and adheres to social distancing expectations around the exterior of38 the school building while on school property

Drop off and pick up of students will be completed in a manner that limits direct contact between41 parents and staff members and adhere to social distancing recommendations in the exterior of the42 building.

Masks as Personal Protective Equipment

Staff, students, and visitors may wear a face covering, mask, or face shield while present in any5 school building. The School District does not require the use of masks and will not provide6 masks except in cases required by this policy or at the discretion of the administration. The7 Board of Trustees’ decision to not require or provide masks is based on a review of the8 circumstances in the community and consultation with local health officials on issues including9 but not limited to the possibility of exposure and availability of masks.

Cleaning and Disinfecting

School district personnel will routinely both clean by removing germs, dirt and impurities and14 disinfect by using chemicals to kill germs on all surfaces and objects in any school building and15 on school property that are frequently touched. This process shall include cleaning16 objects/surfaces not ordinarily cleaned daily.

Personnel will clean with the cleaners typically used and will use all cleaning products according19 to the directions on the label. Personnel will disinfect with common EPA registered household20 disinfectants. A list of products that are EPA-approved for use against the virus that causes21 COVID 19 is available from the supervising teacher or administrator. Personnel will follow the22 manufacturer’s instructions for all cleaning and disinfection products

The District will provide EPA registered disposable wipes to teachers, staff, and secondary25 students so that commonly used surfaces (e.g., keyboards, desks, remote controls) can be wiped26 down before use. Supervising teacher or administrators are required to ensure adequate supplies27 to support cleaning and disinfection practices

Healthy Hand Hygiene Behavior

All students, staff, and others present in the any school building will engage in hand hygiene at32 the following times, which include but are not limited to:33

• Arrival to the facility and after breaks34

• Before and after preparing, eating, or handling food or drinks35

• Before and after administering medication or screening temperature

• After coming in contact with bodily fluid

• After handling garbage

• After use of the restroom

Hand hygiene includes but is not limited to washing hands with soap and water for at least 2041 seconds. If hands are not visibly dirty, alcohol based hand sanitizers with at least 60% alcohol42 can be used if soap and water are not readily available.

Vulnerable Individuals

Vulnerable individuals (defined by the Centers for Disease Control at the time of this policy’s4 adoption as those age 65 or older or those with serious underlying health conditions, including5 high blood pressure, chronic lung disease, diabetes, obesity, asthma, and those whose immune6 system is compromised such as by chemotherapy for cancer and other conditions requiring such7 therapy) are authorized to talk to their healthcare provider to assess their risk and to determine if8 they should telework during the period of declared public health emergency.

Employees who have documented high risk designation from a medical provider are entitled to11 reasonable accommodation within the meaning of that term in accordance with the Americans12 with Disabilities Act and Section 504 as outlined in District Policy 5002. These accommodations13 may include but are not limited to teleworking in accordance with a work plan developed in14 coordination with and authorized by the supervising teacher, administrator or other designated15 supervisor. Such employees may also be eligible for available leave in accordance with the16 applicable policy or master agreement provision.

Food Preparation and Meal Service

Facilities must comply with all applicable federal, state, and local regulations and guidance22 related to safe preparation of food.

Sinks used for food preparation must not be used for any other purposes.

Staff will wash their hands in accordance with this policy.

Public Awareness

The School District will communicate with parents, citizens, and other necessary stakeholders31 about the protocols established in this policy and the steps taken to implement the protocols32 through all available and reasonable means.

Confidentiality

This policy in no way limits or adjusts the School District’s obligations to honor staff and student37 privacy rights. All applicable district policies and handbook provision governing confidentiality38 of student and staff medical information remain in full effect

Transfer of Funds for Safety Purposes

The Board of Trustees may transfer state or local revenue from any budgeted or non budgeted fund, other than the debt service fund or retirement fund, to its building reserve fund in an44 amount not to exceed the school district's estimated costs of improvements to school and student45 safety and security to implement this policy in accordance with District Policy 1006FE.46

Legal Reference Governor’s Directive Implementing Executive Order 2 2021 February4 12, 20215

Correspondence clarifying Governor’s Directive February 11, 20216

Article X, section 8 Montana Constitution7

Section 20 3 324, MCA Powers and Duties8

Section 20 9 806, MCA School Closure by Declaration of9 Emergency10

10.55.701(2)(d)(s) Board of Trustees11

State, ex rel., Bartmess v. Helena Board of Trustees, 726 P.2d 801

Cross Reference: Policy 1901 School District Policy and Procedures14

Policy 1903 School District Events and Meetings15

Policy 1903F School Events Notice16

Policy 1906 Student Services and Instructional Delivery17

Policy 1907 Transportation Services18

Policy 1006FE Transfer of Funds for Safety Purposes19

Policy 3410 Student examination and screenings20

Policy 3226 Bullying and Harassment21

Policy 3417 Communicable Diseases22

Policy 3431 Emergency Treatment23

Policy 5015 Bullying and Harassment24

Policy 1911 Personnel Use of Leave25

Policy 1910 Human Resources and Personnel26

Policy 4120 Public Relations27

Policy 5002 Accommodating Individuals with Disabilities28

Policy 5130 Staff Health29

Policy 5230 Prevention of Disease Transmission30

Policy 6110 Superintendent Authority31

Policy 6122 Delegation of Authority32

Policy History:33 Adopted on: 5/6/2034

Reviewed on:35 Revised on: 7/13/2136

Terminated on:37

COVID 19 Emergency Measures 1905P

Administrative Procedures for Student, Staff, and Community Health and Safety

The administrative team of the School District has adopted these procedures in accordance with7 Policy 1310 in order to implement Policy 1905 during the term of the declared public health8 emergency to ensure a safe and healthy work and instructional setting. These procedures were9 developed in accordance with the latest available guidance from the Centers for Disease Control10 and in coordination with applicable state, tribal, and local health officials. These procedures11 supplement Policy 1905. All provisions in Policy 1905 remain in effect.

Personnel Cleaning and Disinfecting

Personnel will evaluate and identify surfaces and objects to be cleaned and disinfected in17 accordance with their knowledge, experience, and the latest available guidance from the Centers18 for Disease Control, state, tribal, and local health officials. Personnel will have access to or the19 opportunity to access the latest available guidance upon request to their supervisor.

Personnel will coordinate with colleagues and supervisors to develop a plan, schedule, and22 routine to regularly clean and disinfect identified surfaces and objects. Personnel will honor this23 plan, schedule, and routine until adjusted. Reasons for adjustment may include but are not24 limited to change in school schedule, absence of colleagues, availability of equipment and25 supplies, and federal, state, tribal or local health directives and guidance. If adjustment is26 necessary, personnel will again coordinate with colleagues and supervisors to improve the plan,27 schedule, and routine. Personnel will solicit and accept perspectives from colleagues and other28 school officials when considering improvements to the plan.

Personnel will prioritize disinfecting frequently touched and indoor surfaces. Hard and non31 porous surfaces and objects that are touched daily will be the top priority for disinfection on a32 daily basis. Hard and non porous surfaces and objects that are not indoors or have not been33 occupied for seven days will be routinely cleaned. Personnel will first clean visibly dirty34 surfaces and objects prior to disinfection by using the appropriate cleaning or disinfecting35 product for the identified surface, object, or task. Personnel will always use chemicals, products,36 and substances authorized by Policy 1905 in a manner consistent with the applicable instructions.

Personnel will thoroughly clean or launder soft, porous, or fabric based materials as permitted by39 location and substance. During evaluation and identification of surfaces, personnel will consider40 removing soft and porous materials in high traffic areas that may increase risk of exposure.

Personnel will establish and maintain safe work practices in accordance with these procedures43 and School District policy in order to reduce the risk of exposure.

Symptoms of Illness

Personnel who are ill, feeling ill, diagnosed as ill, or otherwise demonstrating symptoms of illness must not come to school or work. Personnel who have a fever or are exhibiting other signs8 of illness while at work will be authorized to return home. All affected surfaces and areas should9 be thoroughly cleaned and disinfected once the staff member has vacated the area by staff10 utilizing safety measures in this procedure in accordance with available standards as applicable11 Staff members will be provided access to leave in accordance with District Policy 1910 or the12 applicable master contract, collective bargaining agreement, or memorandum of understanding.

Physical Distancing and Work Areas

Staff members working in the school when no students are present will maintain appropriate18 physical distance (3 feet) from their colleagues as permitted by their duties and work setting to19 minimize contact and risk of exposure. Staff members will have access to disinfecting wipes or20 disinfecting spray and disposable paper towels and time to clean their desk, office, work area or21 classroom when needed.

Report and Revision

These administrative procedures will be reported to the board of trustees upon adoption and27 implementation by the administration in accordance with Policy 1310. The board of trustees28 retains the authority to amend policy and procedures. Any revision to these procedures will be29 reported to the board of trustees.30

COVID Emergency Measures District Declaration of Emergency

The Board of Trustees is authorized to declare that a state of emergency exists within the7 community. A declaration issued by the Board of Trustees is distinct from any declaration in8 effect or previously issued by local, state or federal authorities. An emergency declaration issued9 by the Board of Trustees authorizes the School District to take extraordinary measures to protect10 students and staff while delivering education services in a manner authorized by law. The11 method and location of instruction and related educational services shall be implemented in a12 manner that serves the needs of students, their families, and staff and preserves the School13 District’s full entitlement of funding.

Legal Reference: Section 20 9 801 802, MCA

Emergency School Closure16 Section 20 9 806, MCA School closure by declaration of17 emergency18

Section 20 9 805. Rate of reduction in annual19 apportionment entitlement.

Policy History:22 Adopted on: 5/6/2023 Reviewed on:24 Revised on:25 Terminated on:26

The School District has adopted the protocols outlined in this policy to govern during the term of7 the declared public health emergency to ensure clear expectations for District staff while8 completing their duties in a safe and healthy workplace. The supervising teacher, principal,9 superintendent or designated personnel are authorized to implement this policy.

Work Schedule and Assignment for Certified Staff

The working conditions for the certified staff shall be governed by a Collective Bargaining15 Agreement and any applicable Memorandum of Understanding between the Unit and the School16 District or the individual employment contracts between the employee and the School District.17 Certified staff shall comply with the emergency policies adopted by the Board of Trustees and18 related directives from the administration unless there is a provision of a Collective Bargaining19 Agreement or an applicable Memorandum of Understanding that specifically governs instead of20 the policy.

Work Schedule and Assignment of Duties for Classified Staff

In accordance with the individual employment contracts issued to classified staff, the District26 reserves the right to change employment conditions affecting an employee’s duties, schedule,27 assignment, or supervisor. The District shall notify the employee in writing of any change in28 their workday or duties. Classified staff shall comply with the emergency policies adopted by the29 Board of Trustees and related directives from the administration

The working conditions for classified staff are governed by a Collective Bargaining Agreement32 or any applicable Memorandum of Understanding between the Unit and the School District.33 Classified staff shall comply with the emergency policies adopted by the Board of Trustees and34 related directives from the administration unless there is a provision of a Collective Bargaining35 Agreement or an applicable Memorandum of Understanding that that specifically governs36 instead of policy

Personal Conduct

This policy in no way limits or adjusts the School District’s expectations for staff conduct. All42 applicable district policies and handbook provision governing staff conduct remain in full effect.

Student Services

Students shall have access to regular instructional services whether their instruction is provided6 in an onsite, offsite, or online setting. Staff shall promptly report any suspected violation of7 School District Policy or concern about student health, well being, or safety to their supervisor8 for review and referral. Students receiving instruction in an offsite or online setting are governed9 by all applicable laws, including the staff obligation to report suspected child abuse or neglect.

Compensation and Benefits

Staff shall continue to earn regular compensation and benefits during the period of declared15 public health emergency. Payroll dates and schedules are not affected by an applicable public16 health emergency.

Evaluation of Staff

The Board of Trustees authorizes the administration to adjust or waive the schedule for22 evaluation of staff to accommodate the changes to the school calendar in response to a public23 health emergency unless there is a Collective Bargaining Agreement or Memorandum of24 Understanding specifying the evaluation process of a member of a bargaining unit.

Cross Reference: Policy 1905 Student, Staff and Community Health and Safety28

Policy 1906 Student Instruction29

Policy 5140 Classified Assignment30

Policy 5210 Assignments and Transfers31

Policy 5221 Work Day32

Policy 5232 Abused and Neglected Child Reporting33

Policy 5255 Disciplinary Action34

Policy 5223 Personal Conduct35

Policy 5012 Sexual Harassment36

Policy 5015 Bullying and Intimidation37

Policy 5130 Staff Health38

Policy 5230 Prevention of Disease Transmission39

Policy 5222 Evaluation of Certified and Classified Staff

Policy History:42 Adopted on: 5/6/2043 Reviewed on:44 Revised on:45 Terminated on:46

Personnel Use of Leave

The School District has adopted the protocols outlined in this policy to govern during the term of7 the declared public health emergency to inform School District staff about leave options. The8 supervising teacher, principal, superintendent or designated personnel are authorized to9 implement this policy.

District Leave

School District staff may utilize accumulated leave granted in accordance with Montana law,15 District policy, a Collective Bargaining Agreement, or applicable Memorandum of16 Understanding through the regular procedures governing the type of leave requested.

Federal Law Controls Federal Leave Provisions

The Board of Trustees has adopted this policy and related forms on the referenced date based on22 the law and available federal and state guidance as of the date of such adoption. Federal and23 state guidance can change following adoption of this policy and forms. To the extent that any24 subsequently adopted guidance or federal regulation or other controlling interpretation of the law25 results in a conflict between such guidance, regulation or controlling interpretation and this26 policy or forms, the provisions of the guidance, regulation or controlling interpretation controls27 to the extent of any such conflict. The School District shall take reasonable steps to ensure that28 staff are notified of any change in guidance or federal regulation or other controlling29 interpretation of the law that creates a conflict with any provision of this policy of forms

Eligible employees may request leave available under the Families First Coronavirus Response32 Act by completing Policy 1910F1 Emergency Paid Sick Leave3433

Legal Reference: Families First Coronavirus Response Act

Cross Reference: Policy 1910F1 Emergency Paid Sick Leave Form

Policy 1910F2 Emergency Family Medical Leave Form

Policy 1909 Human Resources and Personnel

Policy 5321 Leaves of Absence

Policy 5328 Family Medical Leave Act

Policy 5329 Long Term Illness

Policy Maternity and Paternity Leave

Policy Vacations

Policy History:1

Adopted on: 5/6/202

Reviewed on:3

Revised on: 7/13/214

Terminated on:5

TABLEINSTRUCTIONSERIESOFCONTENTS

R 2000 Goals

2050 Student Instruction

R 2100 School Year Calendar and Day

R 2105 Grade Organization 2110

Objectives

R 2120 Curriculum Development and Assessment 2130 Program Evaluation and Diagnostic Tests

R 2132 Student and Family Privacy Rights 2150 Suicide Awareness and Prevention 2140 Guidance and Counseling 2151 Interscholastic Activities

R 2158 Family Engagement Policy

R 2160 - 2160P

R 2161 2161P

Title I Parent Involvement

Special Education

R 2162 2162P Section 504 of the Rehabilitation Act of 1973 (“Section 504”) 2166

Gifted Program 2168 Distance Learning Courses 2221 School Closure

R 2309

R 2310 2310P

Library Materials

Selection of Library Materials

R 2311 Instructional Materials

R 2311P Selection, Adoption, and Removal of Textbooks and Instructional Materials

R 2312

Copyright

R 2312P Copyright Compliance

R 2314 Learning Materials Review 2320 Field Trips, Excursions, and Outdoor Education

R 2330 Controversial Issues and Academic Freedom 2332 Religion and Religious Activities 2335 Health Enhancement

R 2413

Credit Transfer and Assessment for Placement 2420 Grading and Progress Reports 2421 Promotion and Retention

R 2450 Recognition of Native American Cultural Heritage

R 2510 School Wellness

Goals

The District’s educational program will seek to provide an opportunity for each child to develop to his or her maximum potential. The objectives for the educational program are:98

• To foster self discovery, self awareness, and self discipline.

• To develop an awareness of and appreciation for cultural diversity.

• To stimulate intellectual curiosity and growth.

• To provide fundamental career concepts and skills.

• To help the student develop sensitivity to the needs and values of others and respect for14 individual and group differences.

• To help each student strive for excellence and instill a desire to reach the limit of his or16 her potential.

• To develop the fundamental skills which will provide a basis for lifelong learning.

• To be free of any sexual, cultural, ethnic, or religious bias.

The administrative staff is responsible for apprising the Board of the educational program’s21 current and future status. The Superintendent should prepare an annual report that includes:

• A review and evaluation of the present curriculum;24

• A projection of curriculum and resource needs;25

• An evaluation of, and plan to eliminate, any sexual, cultural, ethnic, or religious bias that26 may be present in the curriculum or instructional materials and methods;27

• A plan for new or revised instructional program implementations; and28

• A review of present and future facility needs.

Legal Reference: 10.55.701, ARM Board of Trustees

Policy History:35 Adopted on: 10/13/1998 Reviewed on:37 Revised on: 08/14/2012

INSTRUCTION Student

The School District has adopted the protocols outlined in this policy to ensure the delivery of7 education services to students onsite at the school, offsite at other locations using available8 resources. The District administration or designated personnel are authorized to implement this9 policy.

As outlined in District Policy 2100, and except for students determined by the School District to12 be proficient using School District assessments, the adopted calendar has a minimum number of13 720 aggregate instructional hours for students in kindergarten through third grade; 1,080 hours14 for students in fourth through eleventh grade and 1,050 hours for students in twelfth grade.

The School District may satisfy the aggregate number of hours through any combination of17 onsite, offsite, and online instruction The District administration is directed to ensure that all18 students are offered access to the complete range of educational programs and services for the19 education program required by the accreditation standards adopted by the Montana Board of20 Public Education.

For the purposes of this policy and the School District’s calculation of ANB and “aggregate23 hours of instruction” within the meaning of that term in Montana law, the term “instruction”24 shall be construed as being synonymous with and in support of the broader goals of “learning”25 and full development of educational potential as set forth in Article X, section 1 of the Montana26 Constitution. Instruction includes innovative teaching strategies that focus on student27 engagement for the purposes of developing a students’ interests, passions, and strengths. The28 term instruction shall include any directed, distributive, collaborative and/or experiential learning29 activity provided, supervised, guided, facilitated, work based, or coordinated by the teacher of30 record in a given course that is done purposely to achieve content proficiency and facilitate the31 learning of, acquisition of knowledge, skills and abilities by, and to otherwise fulfill the full32 educational potential of each child.

Staff shall calculate the number of hours students have received instruction as defined in this35 policy through a combined calculation of services received onsite at the school or services36 provided or accessed at offsite or online instructional settings including, but not limited to, any37 combination of physical instructional packets, virtual or electronic based course meetings and38 assignments, self directed or parent assisted learning opportunities, and other educational efforts39 undertaken by the staff and students that can be given for grade or credit. Staff shall report40 completed hours of instruction as defined in this policy to the supervising teacher, building41 principal, or district administrator for final calculation.

In order to comply with the requirements of the calendar, District Policy and Section 20 1 301,44 MCA, the District shall implement the instructional schedules and methods identified in this45 policy.46

Offsite Instruction

The Board of Trustees authorizes offsite instruction of students in a manner that satisfies the6 aggregate number of instructional hours outlined in the School District’s adopted or revised7 calendar for a school year. Offsite delivery methods shall include a complete range of8 educational services offered by the School District and shall comply with the requirements of9 applicable statutes. Students completing course work through an offsite instructional setting shall10 be treated in and have their hours of instruction calculated in the same manner as students11 attending an onsite institutional setting.

Offsite instruction is available to students:

1. meeting the residency requirements for that district as provided in 1 1 215;16

2. living in the district and eligible for educational services under the Individuals With17 Disabilities Education Act or under 29 U.S.C. 794; or18

3. attending school in the district under a mandatory attendance agreement as provided in19 20 5 321;20

4. attending school in the nearest district offering offsite instruction that agrees to enroll the21 student when the student’s district of residence does not provide offsite instruction in an22 equivalent course in which the student is enrolled. A course is not equivalent if the course23 does not provide the same level of advantage on successful completion, including but not24 limited to dual credit, advanced placement, and career certification. Attendance under this25 provision is subject to approval of the Trustees.

The Board of Trustees authorizes the supervising teacher or district administrator to permit28 students to utilize an offsite or online instructional setting at when circumstances require.

Proficiency Based Learning

The Board of Trustees authorizes proficiency based learning and ANB calculation in situations33 when a student demonstrates proficiency in a course area as determined by the Board of Trustees34 using District assessments consistent with District Policy 1005FE, or other measures approved35 by the Board of Trustees.

The Board of Trustees waives the minimum number of instructional hours for students who38 demonstrate proficiency in a course area using district assessments that include, but are not39 limited to, the course or class teacher’s determination of proficiency as defined by the Board of40 Trustees. This determination shall be based on a review of the student’s completed coursework,41 participation in course delivery, and other methods applicable to the specific course or class. The42 Board of Trustees authorizes the use of the proficiency determination process for students who43 have selected this method of delivery, students for whom the School District is unable to44 document satisfaction of the required minimum aggregate number of hours through the offsite or

onsite methods outlined in this policy, or other students whom School District personnel4 determine satisfy the definition of proficient or meeting proficiency.65

This provision is based in the declaration by the Montana Legislature that any regulation7 discriminating against a student who has participated in proficiency based learning is8 inconsistent with the Montana Constitution.

Legal Reference: Article X, Section 1, Montana Constitution12

Section 20 1 101, MCA Definitions13

Section 20 1 301, MCA School Fiscal Year14

Section 20 9 311, MCA Calculation of Average Number Belonging15

Section 20 7 118, MCA Offsite Provision of Educational Services16

Section 20 7 1601, MCA Transformational Learning Legislative Intent17 ARM 10.55.906(4)) High School Credit

Cross Reference: Policy 1005FE Proficiency Based Learning20 Policy 2100 School Calendar21 Policy 2140 Guidance and Counseling22 Policy 2168 Distance Learning23 Policy 2410 Graduation24 Policy 2420 Grading and Progress Reports

Policy History:27 Adopted on: 7/13/2128 Reviewed on:29 Revised on:30 Terminated on:31

School Calendar

Subject to §§ 20 1 301 and 20 1 308, MCA, and any applicable collective bargaining agreement9 covering the employment of affected employees, the trustees of a school district shall set the10 number of hours in a school term, the length of the school day, and the number of school days in11 a school week. When proposing to adopt changes to a previously adopted school term, school12 week, or school day, the trustees shall: (a) negotiate the changes with the recognized collective13 bargaining unit representing the employees affected by the changes; (b) solicit input from the14 employees affected by the changes but not represented by a collective bargaining agreement; (c)15 and from the people who live within the boundaries of the school district.

Commemorative Holidays

Teachers and students will devote a portion of the day on each commemorative holiday20 designated in § 20-1-306, MCA, to study and honor the commemorated person or occasion. The21 Board may from time to time designate a regular school day as a commemorative holiday.

Saturday School

In emergencies, including during reasonable efforts of the trustees to make up aggregate hours of26 instruction lost during a declaration of emergency by the trustees under Section 20 9 806, MCA,27 pupil instruction may be conducted on a Saturday when it is approved by the trustees

Pupil instruction may be held on a Saturday at the discretion of a school district for the purpose30 of providing additional pupil instruction beyond the minimum aggregate hours of instruction31 required in Section 20 1 301, MCA, provided student attendance is voluntary.

School Fiscal Year

At least the minimum number of aggregate hours must be conducted during each school fiscal36 year. The minimum aggregate hours required by grade are:37 (a) A minimum of 360 aggregate hours for a kindergarten program;38 (b) 720 hours for grades 1 through 3;39 (c) 1,080 hours for grades 4 through 12; and40 (d) 1,050 hours may be sufficient for graduating seniors.

The minimum aggregate hours, described above, are not required for any pupil demonstrating43 proficiency pursuant to 20 9 311(4)(d), MCA.

In addition, seven (7) pupil instruction related days may be scheduled for the following4 purposes:5

1. Pre school staff orientation for the purpose of organization of the school year;6

2. Staff professional development programs (minimum of three (3) days);7

3. Parent/teacher conferences; and8

4. Post school record and report (not to exceed one (1) day, or one half (½) day at the end9 of each semester or quarter).

The Board of Trustees has established an advisory committee to develop, recommend, and12 evaluate the school district’s yearly professional development plan. Each year the Board of13 Trustees shall adopt a professional development plan for the subsequent school year based on the14 recommendation of the advisory committee.

Extended School Year

In accordance with Section 20 1 301, MCA, and any applicable collective bargaining agreement19 covering the employment of affected employees, the Board of Trustees may establish a school20 calendar with an earlier start date and a later end date to ensure students receive the minimum21 number aggregate instructional hours. The purpose of an extended school year will be to22 maximize flexibility in the delivery of instruction and learning for each student in the School23 District. When setting an extended school year, the School District will collaborate with students,24 parents, employees and other community stakeholders. When proposing to adopt changes to a25 previously adopted school term the Board of Trustees will follow the procedures outlined in in26 this policy

Legal References: § 20 1 301, MCA School fiscal year30

§ 20 1 302, MCA School term, day and week31

§ 20 1 303, MCA Conduct of School on Saturday or Sunday prohibited exceptions

§ 20 1 304, MCA Pupil instruction related day

§ 20-1-306, MCA Commemorative exercises on certain days

§ 20 9 311, MCA Calculation of Annual Number Belonging (ANB)

ARM 10.55.701 Board of Trustees

ARM 10.65.101, 103 Pupil Instruction Related Days

ARM 10.55.714 Professional Development

ARM 10.55.906 High School Credit

Policy History:42 Adopted on: 10/13/1998 Reviewed on:44 Revised on: 8/14/12, 5/14/19, 8/17/21

The District maintains instructional levels for grades kindergarten (K) through eight (8) The7 grouping and housing of instructional levels in school facilities will be according to plans8 developed by the Superintendent and approved by the Board.

Instructional programs will be coordinated between each grade and between levels of schools.

A student will be assigned to an instructional group or to a classroom which will best serve the13 needs of that individual while still considering the rights and needs of other students. Factors to14 be considered in classroom assignments are class size, peer relations, student/teacher relations,15 instructional style of individual teachers, and any other variables that will affect the performance16 of the student.

Criteria for grouping will be based on learning goals and objectives addressed and the student’s19 ability to achieve those purposes.

Legal Reference: § 20 6 501, MCA Definition of various schools

Policy History:26 Adopted on: 10/13/199827 Reviewed on:28 Revised on: 08/14/201229

Objectives

Continuous Progress Education87

The Board acknowledges its responsibility to develop and implement a curriculum designed to9 provide for sequential intellectual and skill development necessary for students to progress on a10 continuous basis from elementary through secondary school.

The Superintendent is directed to develop instructional programs which will enable each student13 to learn at the student’s best rate. The instructional program will strive to provide for:

1. Placement of a student at the student’s functional level;

2. Learning materials and methods of instruction considered to be most appropriate to the18 student’s learning style; and

3. Evaluation to determine if the desired student outcomes have been achieved.

Each year, the Superintendent will determine the degree to which such instructional programs are23 being developed and implemented. Accomplishment reports submitted annually will provide the24 Board with the necessary information to make future program improvement decisions.

Policy History:29 Adopted on: 08/14/201230 Reviewed on:31 Revised on: 05/13/201432

Curriculum and Assessment

The Board is responsible for curriculum adoption and must approve all significant changes, including the7 adoption of new textbooks and new courses, before such changes are made. The Superintendent is8 responsible for making curriculum recommendations. The District shall ensure their curriculum is9 aligned to all content standards and the appropriate learning progression for each grade level.

A written sequential curriculum will be developed for each subject area. The curricula will address13 learner goals, content and program area performance standards, and District education goals and will be14 constructed to include such parts of education as content, skills, and thinking. The District shall review15 curricula at least every five (5) years or consistent with the state’s standards revision schedule, and16 modify, as needed, to meet educational goals of the continuous school improvement plan pursuant to17 ARM 10.55.601.

The staff and administration will suggest materials and resources, to include supplies, books, materials,20 and equipment necessary for development and implementation of the curriculum and assessment, which21 are consistent with goals of the education program.

The District shall maintain their programs consistent with the state’s schedule for revising standards.

The District shall assess the progress of all students toward achieving content standards and content26 specific grade level learning progressions in each program area. The District shall use assessment results,27 including state level achievement information obtained by administration of assessments pursuant to28 ARM 10.56.101 to examine the educational program and measure its effectiveness.

The District shall use appropriate multiple measures and methods, including state level achievement31 information obtained by administration of assessments pursuant to the requirements of ARM 10.56.101,32 to assess student progress in achieving content standards and content specific grade level learning33 progressions in all program areas. The examination of program effectiveness using assessment results34 shall be supplemented with information about graduates and other students no longer n attendance.

Cross Reference: 2000 Goals38 Objectives

Legal Reference: § 20 3 324, MCA Powers and duties § 20 4 402, MCA Duties of district superintendent or county high school principal

§ 20 7 602, MCA Textbook selection and adoption 10.55.603, ARM Curriculum and Assessment

Policy History:

Adopted on: 10/13/1998

Reviewed on: 08/14/2012 Revised on: 05/13/2014

Program Evaluation and Diagnostic Tests

The Board strives for efficiency and effectiveness in all facets of its operations. To achieve this7 goal, the Board will set forth:98

1. A clear statement of expectations and purposes for the District instructional program;

2. A provision for staff, resources, and support to achieve stated expectations and purposes;12 and

3. A plan for evaluating instructional programs and services to determine how well15 expectations and purposes are being met.

Parents who wish to examine any assessment materials may do so by contacting the18 Superintendent. Parental approval is necessary before administering an individual intelligence19 test or a diagnostic personality test. No tests or measurement devices which include questions20 about a student’s or the student’s family’s personal beliefs and practices in family life, morality,21 and religion will be administered, unless the parent gives written permission for the student to22 take such test, questionnaire, or examination.

Legal Reference: 20 U.S.C. § 1232h Protection of pupil rights27 10.55.603, ARM Curriculum and Assessment28 10.56.101, ARM Student Assessment

Policy History:31 Adopted on: 10/13/199832 Reviewed on: 08/14/201233 Revised on:34

Surveys General

All surveys requesting personal information from students, as well as any other instrument used9 to collect personal information from students, must advance or relate to the District’s educational10 objectives as identified in Board Policy. This applies to all surveys, regardless of whether the11 student answering the questions can be identified and regardless of who created the survey.

Surveys Created by a Third Party

Before the District administers or distributes a survey created by a third party to a student, the16 student’s parent(s)/guardian(s) may inspect the survey upon request and within a reasonable time17 of their request.

This section applies to every survey: (1) that is created by a person or entity other than a District20 official, staff member, or student, (2) regardless of whether the student answering the questions21 can be identified, and (3) regardless of the subject matter of the questions.

Surveys Requesting Personal Information

School officials and staff members shall not request, nor disclose, the identity of any student who26 completes ANY survey containing one (1) or more of the following items:

1. Political affiliations or beliefs of the student or the student’s parent/guardian;29

2. Mental or psychological problems of the student or the student’s family;30

3. Behavior or attitudes about sex;31

4. Illegal, antisocial, self incriminating, or demeaning behavior;32

5. Critical appraisals of other individuals with whom students have close family33 relationships;34

6. Legally recognized privileged or analogous relationships, such as those with lawyers,35 physicians, and ministers;36

7. Religious practices, affiliations, or beliefs of the student or the student’s parent/guardian;37

8. Income (other than that required by law to determine eligibility for participation in a38 program or for receiving financial assistance under such program).

The student’s parent(s)/guardian(s) may:

1. Inspect the survey within a reasonable time of the request; and/or43

2. Refuse to allow their child to participate in any survey requesting personal information. The school shall not penalize any student whose parent(s)/guardian(s) exercise this option.

Instructional Material

A student’s parent(s)/guardian(s) may, within a reasonable time of the request, inspect any6 instructional material used as part of their child’s educational curriculum.

The term “instructional material,” for purposes of this policy, means instructional content that is9 provided to a student, regardless of its format, printed or representational materials, audio visual10 materials, and materials in electronic or digital formats (such as materials accessible through the11 Internet). The term does not include academic tests or academic assessments.

Collection of Personal Information From Students for Marketing Prohibited

The term “personal information,” for purposes of this section only, means individually16 identifiable information including: (1) a student’s or parent’s first and last name, (2) a home or17 other physical address (including street name and the name of the city or town), (3) telephone18 number, or (4) a Social Security identification number.

The District will not collect, disclose, or use student personal information for the purpose of21 marketing or selling that information or otherwise providing that information to others for that22 purpose.

The District, however, is not prohibited from collecting, disclosing, or using personal25 information collected from students for the exclusive purpose of developing, evaluating, or26 providing educational products or services for, or to, students or educational institutions such as27 the following:

1. College or other post secondary education recruitment or military recruitment;30

2. Book clubs, magazines, and programs providing access to low cost literary products;31

3. Curriculum and instructional materials used by elementary schools and secondary32 schools;33

4. Tests and assessments to provide cognitive, evaluative, diagnostic, clinical, aptitude, or34 achievement information about students (or to generate other statistically useful data for35 the purpose of securing such tests and assessments) and the subsequent analysis and36 public release of the aggregate data from such tests and assessments;37

5. The sale by students of products or services to raise funds for school related or education38 related activities;39

6. Student recognition programs.

Notification of Rights and Procedures

The Superintendent or designee shall notify students’ parents/guardians of:

1. This policy as well as its availability from the administration office upon request;46

2. How to opt their child out of participation in activities as provided in this policy;4

3. The approximate dates during the school year when a survey requesting personal5 information, as described above, is scheduled or expected to be scheduled;6

4. How to request access to any survey or other material described in this policy.

This notification shall be given parents/guardians at least annually at the beginning of the school9 year and within a reasonable period after any substantive change in this policy.

The rights provided to parents/guardians in this policy transfer to the student, when the student12 turns eighteen (18) years of age or is an emancipated minor.

Cross Reference: 2311 Instructional Materials18 3200 Student Rights and Responsibilities19 3410 Student Health/Physical Screenings/Examinations

Legal Reference: 20 U.S.C. 1232h Protection of Pupil Rights

Policy History:24 Adopted on: 01/14/200325 Reviewed on: 08/14/201226 Revised on:27

Guidance and Counseling

The District recognizes that guidance and counseling are an important part of the total program of7 instruction and should be provided in accordance with state laws and regulations, District policies and8 procedures, and available staff and program support.

The general goal of this program is to help students achieve the greatest personal value from their11 educational opportunities. Such a program should:

1. Provide staff with meaningful information which can be utilized to improve educational services14 offered to individual students.

2. Provide students with planned opportunities to develop future career and educational plans.

3. Refer students with special needs to appropriate specialists and agencies.

4. Aid students in identifying options and making choices about their educational program.

5. Assist teachers and administrators in meeting academic, social, and emotional needs of students.

6. Provide for a follow up of students who further their education and/or move into the world of25 work.

7. Solicit feedback from students, staff, and parents, for purposes of program improvement.

8. Assist students in developing a sense of belonging and self respect.

9. Have information available about nicotine addiction services and referrals to tobacco cessation32 programs to students and staff.

All staff will encourage students to explore and develop their individual interests in career and vocational35 technical programs and employment opportunities, without regard to gender, race, marital status, national36 origin, or handicapping conditions, including reasonable efforts in encouraging students to consider and37 explore “nontraditional” occupations.

Legal Reference § 49 3 203, MCA Educational, counseling, and training programs 10.55.710, ARM Assignment of School Counseling Staff41 10.55.802, ARM Opportunity and Educational Equity

Policy History:44 Adopted on: 10/13/1998 Reviewed on:46 Revised on: 08/14/2012

Professional Development7

The District will provide professional development on youth suicide awareness and prevention to8 each employee of the district who work directly with any students enrolled in the school district.9 The training materials will be approved by the Office of Public Instruction (OPI).

The District will provide, at a minimum, two (2) hours of youth suicide awareness and12 prevention training every five (5) years. All new employees who work directly with any student13 enrolled in the school district will be provided two (2) hours of training the first year of14 employment.

Youth suicide and prevention training may include:

A. In person attendance at a live training;19

B. Videoconference;20

C. An individual program of study of designated materials;21

D. Self review modules available online; and22

E. Any other method chosen by the local school board that is consistent with professional23 development standards.

Prevention and Response26

The Board authorizes the Administration and appropriate District staff to develop procedures to27 address matters related to suicide prevention and response that:

A. Promote collaboration with families and with community providers in all aspects of30 suicide prevention and response;31

B. Include high quality intervention services for students;32

C. Promote interagency cooperation that enables school personnel to identify and access33 appropriate community resources for use in times of crisis;34

D. Include reintegration of youth into a school following a crisis, hospitalization, or35 residential treatment;36

E. Provide for leadership, planning, and support for students and school personnel to ensure37 appropriate responses to attempted or completed suicides.

No cause of action may be brought for any loss or damage caused by any act or admission40 resulting from the implementation of the provisions of this policy or resulting from any training,41 or lack of training, related to this policy. Nothing in this policy shall be construed to impose a42 specific duty of care.

This policy will be reviewed by the Board of Trustees on a regular basis.

Legal Reference: § 20 7 1310, MCA Youth suicide awareness and prevention training4 ARM 10.55.720 Suicide Prevention and Response765

Policy History:8 Adopted on: 10/10/179 Reviewed on:10 Revised on: 03/12/1911

Interscholastic Activities

The District recognizes the value of a program of interscholastic activities as an integral part of7 the total school experience. The program of interscholastic activities will include all activities8 relating to competitive sport or intellectual contests, games or events, or exhibitions involving9 individual students or teams of students of this District, when such events occur between schools10 outside this District.

All facilities and equipment utilized in the interscholastic activity program, whether or not the13 property of the District, will be inspected on a regular basis. Participants will be issued14 equipment which has been properly maintained and fitted.

An activity coach must be properly trained and qualified for an assignment as described in the17 coach’s job description. All personnel coaching intramural or interscholastic activities will hold18 a current valid first aid certificate

The Board recognizes that certain risks are associated with participation in interscholastic21 activities. While the District will strive to prevent injuries and accidents to students, each parent22 or guardian will be required to sign an “assumption of risk” statement indicating that the parents23 assume all risks for injuries resulting from such participation. Each participant will be required24 to furnish evidence of physical fitness (physical form) prior to becoming a member of an athletic25 team. A participant must be free of injury and have a signed doctor’s release, from the doctor26 who treated the participant, before participating in any event.

Coaches and/or trainers may not issue medicine of any type to students. This provision does not29 preclude the coach and/or trainer from using approved first aid items. 08/14/2012 on:41 on:42

Family Engagement Policy

The Board of Trustees believes that engaging parents/families in the education process is8 essential to improved academic success for students. The Board recognizes that a student's9 education is a responsibility shared by the district, parents, families and other members of the10 community during the entire time a student attends school. The Board believes that the district11 must create an environment that is conducive to learning and that strong, comprehensive12 parent/family involvement is an important component. Parent/Family involvement in education13 requires a cooperative effort with roles for the Office of Public Instruction (OPI), the district,14 parents/families and the community.

Legal Reference: 10.55.701(m), ARM Board of Trustees

Policy History:21 Adopted on: 05/13/201422 Reviewed on:23 Revised on: 10/14/201424

Title I Parent and Family Engagement

NOTE: Schools receiving federal ESEA funds are required to have a parent and family7 engagement policy. This sample policy can be used as the basis for the joint development of a8 policy, as required by the federal legislation. This policy cannot be the District’s policy without9 some parental involvement in its development at the local level.

The District endorses the parent and family engagement goals of Title I and encourages the12 regular participation of parents and family members (including parents and families of migrant13 students if applicable) of Title I eligible children in all aspects of the program to establish the14 agency’s expectations and objectives for meaningful parent and family involvement. The15 education of children is viewed as a cooperative effort among the parents, family members,16 school, and community. In this policy the word “parent” also includes guardians and other17 family members involved in supervising the child’s schools.

Pursuant to federal law the District will develop jointly with, agree upon with, and distribute to20 parents of children participating in the Title I program a written parent and family engagement21 policy This may include meaningful consultation with employers, business leaders, and22 philanthropic organizations, or individuals with expertise in effectively engaging parents and23 family members in education.

At the required annual meeting of Title I parents and family members (including parents and26 families of migrant students if applicable), parents and family members will have opportunities27 to participate in the design, development, operation, and evaluation of the program for the next28 school year. Proposed activities to fulfill the requirements necessary to address the requirements29 of family engagement goals shall be presented.

In addition to the required annual meeting, at least three (3) additional meetings shall be held at32 various times of the day and/or evening for parents and family members of children (including33 parents and families of migrant children if applicable) participating in the Title I program. These34 meetings shall be used to provide parents with:

1. Information about programs provided under Title I;

2. A description and explanation of the curriculum in use, the forms of academic assessment39 used to measure student progress, and the proficiency levels students are expected to40 meet;

3. Opportunities to formulate suggestions and to participate, as appropriate, in decisions relating to the education of their children; and

4. The opportunity to bring parent comments, if they are dissatisfied with the school’s Title4 I program, to the District level.65

Title I funding, if sufficient, may be used to facilitate parent attendance at meetings, through7 payment of transportation and childcare costs.

The parents and family members of children (including parents and families of migrant children10 if applicable) identified to participate in Title I programs shall receive from the school principal11 and Title I staff an explanation of the reasons supporting each child’s selection for the program, a12 set of objectives to be addressed, and a description of the services to be provided. Opportunities13 will be provided for the parents and family members to meet with the classroom and Title I14 teachers to discuss their child’s progress. Parents will also receive guidance as to how they can15 assist at home in the education of their children.

Each school in the District receiving Title I funds shall develop jointly with parents and family18 members of children served in the program a “School Parent Compact” outlining the manner in19 which parents, school staff, and students share the responsibility for improved student academic20 achievement in meeting state standards. The “School Parent Compact” shall:

1. Describe the school’s responsibility to provide high quality curriculum and instruction in23 a supportive and effective learning environment enabling children in the Title I program24 to meet the state’s academic achievement standards;

2. Indicate the ways in which each parent will be responsible for supporting their child’s27 learning, such as monitoring attendance, homework completion, and television watching;28 volunteering in the classroom; and participating, as appropriate, in decisions related to29 their child’s education and positive use of extracurricular time; and

3. Address the importance of parent teacher communication on an ongoing basis with, at a32 minimum, parent teacher conferences, frequent reports to parents, and reasonable access33 to staff.

The activities authorized under this policy may include establishing a parent advisory board36 comprised of a sufficient number and representative group of parents or family members served37 by the district to adequately represent the needs of the population served by the district for the38 purposes of developing, revising, and reviewing the parent and family engagement policy.

NOTE: Districts with more than one (1) school participating in a Title I program may wish to consider the establishment of a district wide parent advisory council.

Legal Reference: Title I of the Elementary and Secondary Education Act 20 U.S.C. §§ 6301 6514 § 1116 Every Student Succeeds Act

1

Policy History:2

Adopted on: 10/13/19983

Reviewed on:4

Revised on: 10/05/2010, 08/14/2012, 06/11/195

Title I Equivalency/Comparability

A. To assure that state and local services are provided in Title I schools at least equivalent to such7 services in non Title I schools, these policies will be observed in the School District

1. Salary Scales

The District wide salary scales will be applicable to all staff whether assigned to Title I12 or non Title I schools.

2. Assignment of Teachers, Administrators, and Support Personnel

Assignment of teachers, administrators, and support personnel will be made in such a17 way to assure that the numbers of students per staff person in Title I schools shall be18 equivalent to the average number of students per staff person in relevant comparison19 schools (i.e., non Title I or other Title I schools).

3. Curriculum Materials and Instructional Supplies

Curriculum materials and instructional supplies will be provided to schools with the same24 grade spans on a per pupil cost factor to assure that all children have access to the same25 level of state and local resources regardless of whether they attend a Title I or non Title I26 school.

Title I Parent Involvement

In order to achieve the level of Title I parent involvement desired by District policy on this topic, these31 procedures guide the development of each school’s annual plan designed to foster a cooperative effort32 among parents, school, and community.

Guidelines

Parent involvement activities developed at each school will include opportunities for:

• Volunteering;

• Parent education;

• Home support for the child’s education;41

• Parent participation in school decision making.

The school system will provide opportunities for professional development and resources for staff and44 parents/community regarding effective parent involvement practices.

Roles and Responsibilities

Parents

It is the responsibility of the parent to:

• Actively communicate with school staff;10

• Be aware of rules and regulations of school;11

• Take an active role in the child’s education by reinforcing at home the skills and knowledge the12 student has learned in school;13

• Utilize opportunities for participation in school activities.

Staff

It is the responsibility of staff to:

• Develop and implement a school plan for parent involvement;

• Promote and encourage parent involvement activities;

• Effectively and actively communicate with all parents about skills, knowledge, and attributes22 students are learning in school and suggestions for reinforcement;

• Send information to parents of Title I children in a format and, to the extent practicable, in a language the parents can understand.

Community

Community members who volunteer in the schools have the responsibility to:

• Be aware of rules and regulations of the school;31

• Utilize opportunities for participation in school activities.

Administration

It is the responsibility of the administration to:

• Facilitate and implement the Title I Parent Involvement Policy and Plan;38

• Provide training and space for parent involvement activities;

• Provide resources to support successful parent involvement practices;

• Provide in service education to staff regarding the value and use of contributions of parents and41 how to communicate and work with parents as equal partners;

• Send information to parents of Title I children in a format and, to the extent practicable, in a language the parents can understand.

Procedure History:47 on: 10/05/2010 on: 08/14/2012

INSTRUCTION

Special Education

The District will provide a free appropriate public education and necessary related services to all7 children with disabilities residing within the District, as required under the Individuals with8 Disabilities Education Act (IDEA), provisions of Montana law, and the Americans with9 Disabilities Act.

For students eligible for services under IDEA, the District will follow procedures for12 identification, evaluation, placement, and delivery of service to children with disabilities, as13 provided in the current Montana State Plan under Part B of IDEA.

The District may maintain membership in one or more cooperative associations which may assist16 in fulfilling the District’s obligations to its disabled students.

Legal Reference: Americans with Disabilities Act, 42 U.S.C. § 12101, et seq.21 Individuals with Disabilities Education Act, 20 U.S.C. § 1400, et seq.22 § 20 7 Part Four, MCA Special Education for Exceptional Children2423

Policy History:25 Adopted on: 10/13/199826 Reviewed on: 11/05/2010, 08/14/201227 Revised on:28

The Superintendent shall place the annual application on the agenda of a regular meeting of the7 Board, for action prior to submission to the state educational agency for final approval.

Child Find

The District shall be responsible for the coordination and management of locating, identifying,12 and evaluating all disabled children ages zero (-0-) through twenty-one (21). Appropriate staff13 will design the District’s Child Find plan in compliance with all state and federal requirements14 and with assistance from special education personnel who are delegated responsibility for15 implementing the plan.

The District’s plan will contain procedures for identifying suspected disabled students in private18 schools as identified in 34 C.F.R. 530.130 and 530.131(f), students who are home schooled,19 homeless children, as well as public facilities located within the geographic boundaries of the20 District. These procedures shall include screening and development criteria for further21 assessment. The plan must include locating, identifying, and evaluating highly mobile children22 with disabilities and children who are suspected of being a child with a disability and in need of23 special education, even though the child is and has been advancing from grade to grade. The24 District’s Child Find Plan must set forth the following:

1. Procedures used to annually inform the public of all child find activities, for children zero27 through twenty one;28

2. Identity of the special education coordinator;29

3. Procedures used for collecting, maintaining, and reporting data on child identification;30

4. Procedures for Child Find Activities (including audiological, health, speech/language,31 and visual screening and review of data or records for students who have been or are32 being considered for retention, delayed admittance, long term suspension or expulsion or33 waiver of learner outcomes) in each of the following age groups:34

A. Infants and Toddlers (Birth through Age 2)35 Procedures for referral of infants and toddlers to the appropriate early intervention36 agency, or procedures for conducting child find.

B. Preschool (Ages 3 through 5)

Part C Transition planning conferences; frequency and location of screenings; coordination with other agencies; follow up procedures for referral and evaluation; and procedures for responding to individual referrals.

C. In School (Ages 6 through 18)

Referral procedures, including teacher assistance teams, parent referrals, and referrals from other sources; and follow-up procedures for referral and evaluation.

D. Post School (Ages 19 through 21) Individuals who have not graduated from high school with a regular diploma and

who were not previously identified. Describe coordination efforts with other4 agencies.

E. Private Schools (This includes home schools.)6 Child find procedures addressing the provisions of A.R.M. 10.16.3125(1); follow7 up procedures for referral and evaluation.8

F. Homeless Children

Procedures for Evaluation and Determination of Eligibility

Procedures for evaluation and determination of eligibility for special education and related13 services are conducted in accordance with the procedures and requirements of 34 C.F.R.14 300.301 300.311 and the following state administrative rules:

10.16.3320 Referral;17 10.60.103 - Identification of Children with Disabilities;18 10.16.3321 Comprehensive Educational Evaluation Process;

Procedural Safeguards and Parental Notification

The District implements the procedural safeguard procedures as identified in 34 C.F.R. 300.50023 300.530.

A copy of the procedural safeguards available to the parents of a child with a disability must be26 given to the parents only one (1) time a school year, except that a copy also must be given to the27 parents:

• Upon initial referral or parent request for evaluation;30

• Upon receipt of the first state complaint under 34 CFR 300.151 through 300.153 and31 upon receipt of the first due process complaint under 34 CFR 300.507 in a school year;32

• In accordance with the discipline procedures in 34 CFR 300.530(h) (…on the date on33 which the decision is made to make a removal that constitutes a change of placement of a34 child with a disability because of a violation of a code of student conduct, the LEA35 must…provide the parents the procedural safeguards notice); and36

• Upon request by a parent.

A public agency also may place a current copy of the procedural safeguard notice on its internet39 website, if a website exists. [34 CFR 300.504(a) and (b)] [20 U.S.C. 1415(d)(1)]

The referral for special education consideration may be initiated from any source, including school personnel. To initiate the process, an official referral form must be completed and signed by the person making the referral. The District shall accommodate a parent who cannot speak English and therefore cannot complete the District referral form. Recognizing that the referral form is a legal document, District personnel with knowledge of the referral shall bring the

referral promptly to the attention of the Evaluation Team.

The District shall give written notice to the parent of its recommendation to evaluate or not to6 evaluate the student. The parent will be fully informed concerning the reasons for which the7 consent to evaluate is sought. Written parental consent will be obtained before conducting the8 initial evaluation or before reevaluating the student.

The recommendation to conduct an initial evaluation or reevaluation shall be presented to the11 parents in their native language or another mode of communication appropriate to the parent. An12 explanation of all the procedural safeguards shall be made available to the parents when their13 consent for evaluation is sought. These safeguards will include a statement of the parents’ rights14 relative to granting the consent.

Evaluation of Eligibility

Evaluation of eligibility for special education services will be consistent with the requirements of19 34 C.F.R. 300.301 through 300.311 regarding Procedures for Evaluation and Determination of20 Eligibility; and shall also comply with A.R.M. 10.16.3321.

Individualized Education Programs

The District develops, implements, reviews, and revises individualized education programs (IEP)25 in accordance with the requirements and procedures of 34 C.F.R. 300.320 300.328.

Least Restrictive Environment

To the maximum extent appropriate, children with disabilities, including children in public or30 private institutions or other care facilities, are educated with children who are nondisabled, and31 special classes, separate schooling, or other removal of children with disabilities from the regular32 class occurs only if the nature or severity of the disability is such that education in regular33 classes, with the use of supplementary aids and services, cannot be achieved satisfactorily.34 Educational placement decisions are made in accordance with A.R.M. 10.16.3340 and the35 requirements of 34 C.F.R. 300.114 300 120, and a continuum of alternate placements is36 available as required in 34 C.F.R. 300.551.

Children in Private Schools/Out of District Placement

Children with a disability placed in or referred to a private school or facility by the District, or other appropriate agency, shall receive special education and related services in accordance with42 the requirements and procedures of 34 C.F.R. 300 145 through 300.147 and A.R.M. 10.16.3122.

As set forth under 34 C.F.R. 300.137, children with a disability placed in or referred to a private school or facility by parents do not have an individual right to special education and related

services at the District’s expense. When services are provided to children with disabilities4 placed by parents in private schools, the services will be in accordance with the requirements and5 procedures of 34. C.F.R. 300.130 through 300.144, and 300.148.

Impartial Due Process Hearing

The District shall conduct the impartial hearing in compliance with the Montana Administrative10 Rules on matters pertaining to special education controversies.

Special Education Records and Confidentiality of Personally Identifiable Information

A. Confidentiality of Information

The District follows the provisions under the Family Educational Rights and Privacy Act and17 implements the procedures in 34 C.F.R. 300.610-300.627, § 20-1-213, MCA, and A.R.M.18 10.16.3560.

B. Access Rights

Parents of disabled students and students eighteen (18) years or older, or their representative,23 may review any educational records which are designated as student records collected,24 maintained, and used by the District. Review shall normally occur within five (5) school days25 and in no case longer than forty five (45) days. Parents shall have the right to an explanation or26 interpretation of information contained in the record. Non-custodial parents shall have the same27 right of access as custodial parents, unless there is a legally binding document specifically28 removing that right.

C. List of Types and Locations of Information.

A list of the records maintained on disabled students shall be available in the District office.33 Disabled student records shall be located in the office of the Director of Special Education,34 where they are available for review by authorized District personnel, parents, and adult students.35 Special education teachers will maintain an IEP file in their classrooms. These records will be36 maintained under the direct supervision of the teacher and will be located in a locked file cabinet.37 A record of access sheet in each special education file will specify the District personnel who38 have a legitimate interest in viewing these records.

D. Safeguards

The District will identify in writing the employees who have access to personally identifiable information, and provide training on an annual basis to those staff members.

E. Destruction of Information

The District will inform parents five (5) years after the termination of special education services6 that personally identifiable information is no longer needed for program purposes. Medicad7 reimbursement records must be retained for a period of at least six years and three months from8 the date on which the service was rendered or until any dispute or litigation concerning the9 services is resolved, whichever is later. The parent will be advised that such information may be10 important to establish eligibility for certain adult benefits. At the parent’s request, the record11 information shall either be destroyed or made available to the parent or to the student if eighteen12 (18) years or older. Reasonable effort shall be made to provide the parent with notification sixty13 (60) days prior to taking any action on destruction of records. Unless consent has been received14 from the parent to destroy the record, confidential information will be retained for five (5) years15 beyond legal school age.

F. Children’s Rights

Privacy rights shall be transferred from the parent to an adult student at the time the student20 attains eighteen (18) years of age, unless some form of legal guardianship has been designated21 due to the severity of the disabling condition.

Discipline

Students with disabilities may be suspended from school the same as students without disabilities26 for the same infractions or violations for up to ten (10) consecutive school days. Students with27 disabilities may be suspended for additional periods of not longer than ten (10) consecutive28 school days for separate, unrelated incidents, so long as such removals do not constitute a change29 in the student’s educational placement. However, for any additional days of removal over and30 above ten (10) school days in the same school year, the District will provide educational services31 to a disabled student, which will be determined in consultation with at least one (1) of the child’s32 teachers, determining the location in which services will be provided. The District will33 implement the disciplinary procedures in accord with the requirements of CFR 300.530 300.537.

10.16.3340 ARM Individualized Education Program and Placement4 Decisions5

10.16.3342 ARM Transfer Students: Intrastate and Interstate6 10.16.3560 ARM Special Education Records7 10.60.103 ARM Identification of Children with Disabilities8 37.85.414 ARM Maintenance of Records and Auditing (Medicad)

Procedure History:12 Promulgated on: 10/13/199813 Reviewed on:14 Revised on: 11/05/2010, 08/14/201215

INSTRUCTION

Section 504 of the Rehabilitation Act of 1973 (“Section 504”)65

It is the intent of the District to ensure that students who are disabled within the definition of7 Section 504 of the Rehabilitation Act of 1973 are identified, evaluated, and provided with8 appropriate educational services. For those students who need or are believed to need special9 instruction and/or related services under Section 504 of the Rehabilitation Act of 1973, the10 District shall establish and implement a system of procedural safeguards. The safeguards shall11 cover students’ identification, evaluation, and educational placement. This system shall include:12 notice, an opportunity for the student’s parent or legal guardian to examine relevant records, an13 impartial hearing with opportunity for participation by the student’s parent or legal guardian, and14 a review procedure.

Legal Reference: Rehabilitation Act of 1973, Section 504, 29 U.S.C. § 79419 34 C.F.R. 104.36 Procedural safeguards

Policy History:22 Adopted on: 12/05/201023 Reviewed on: 08/14/201224 Revised on:25

(1) Impartial Due Process Hearing. If the parent or legal guardian of a student who qualifies7 under Section 504 for special instruction or related services disagrees with a decision of8 the District with respect to: (1) the identification of the child as qualifying for Section9 504; (2) the District’s evaluation of the child; and/or (3) the educational placement of the10 child, the parents of the student are entitled to certain procedural safeguards. The student11 shall remain in his/her current placement until the matter has been resolved through the12 process set forth herein.

A. The District shall provide written notice to the parent or legal guardian of a15 Section 504 student, prior to initiating an evaluation of the child and/or16 determining the appropriate educational placement of the child, including special17 instruction and/or related services;

B. Upon request, the parent or legal guardian of the student shall be allowed to20 examine all relevant records relating to the child’s education and the District’s21 identification, evaluation, and/or placement decision;

C. The parent or legal guardian of the student may make a request in writing for an24 impartial due process hearing. The written request for an impartial due process25 hearing shall identify with specificity the areas in which the parent or legal26 guardian is in disagreement with the District;

D. Upon receipt of a written request for an impartial due process hearing, a copy of29 the written request shall be forwarded to all interested parties within three (3)30 business days;

E. Within ten (10) days of receipt of a written request for an impartial due process33 hearing, the District shall select and appoint an impartial hearing officer who has34 no professional or personal interest in the matter. In that regard, the District may35 select a hearing officer from the list of special education hearing examiners36 available at the Office of Public Instruction, the county superintendent, or any37 other person who would conduct the hearing in an impartial and fair manner;

F. Once the District has selected an impartial hearing officer, the District shall40 provide the parent or legal guardian and all other interested parties with notice of41 the person selected;

G. Within five (5) days of the District’s selection of a hearing officer, a prehearing conference shall be scheduled to set a date and time for a hearing, identify the issues to be heard, and stipulate to undisputed facts to narrow the contested

factual issues;

H. The hearing officer shall, in writing, notify all parties of the date, time, and6 location of the due process hearing;

I. Anytime prior to the hearing, the parties may mutually agree to submit the matter9 to mediation. A mediator may be selected from the Office of Public Instruction’s10 list of trained mediators;

J. At the hearing, the District and the parent or legal guardian may be represented by13 counsel;

K. The hearing shall be conducted in an informal but orderly manner. Either party16 may request that the hearing be recorded. Should either party request that the17 hearing be recorded, it shall be recorded using either appropriate equipment or a18 court reporter. The District shall be allowed to present its case first. Thereafter19 the parent or legal guardian shall be allowed to present its case. Witnesses may20 be called to testify, and documentary evidence may be admitted; however,21 witnesses will not be subject to cross examination, and the Montana Rules of22 Evidence will not apply. The hearing officer shall make all decisions relating to23 the relevancy of all evidence intended to be presented by the parties. Once all24 evidence has been received, the hearing officer shall close the hearing. The25 hearing officer may request that both parties submit proposed findings of fact,26 conclusions, and decision;

L. Within twenty (20) days of the hearing, the hearing examiner should issue a29 written report of his/her decision to the parties;

M. Appeals may be taken as provided by law. The parent or legal guardian may32 contact the Office of Civil Rights, 912 2nd Avenue, Seattle, WA 98714 1099;33 (206) 220 7900.

(2) Uniform Complaint Procedure. If a parent or legal guardian of the student alleges that36 the District and/or any employee of the District has engaged in discrimination or37 harassment of the student, the parent or legal guardian will be required to proceed38 through the District’s Uniform Complaint Procedure.

Legal Reference: 34 C.F.R. 104.36 Procedural safeguards

Procedure History:43 Promulgated on: 12/05/2010 Reviewed on: 08/14/2012 Revised on:

Gifted Program

To the extent possible with available resources, all gifted and talented students will have the7 opportunity to participate in appropriate educational programs. “Gifted and talented students”8 are students of outstanding abilities, who are capable of high performance and who require9 differentiated educational programs beyond those normally offered in public schools, in order to10 fully achieve their potentials.

The Superintendent will establish procedures consistent with state guidelines for nominating,13 assessing, and selecting children of demonstrated achievement, or potential ability in terms of14 general intellectual ability and academic aptitude.

Legal References: §§ 20 7 901 904, MCA Gifted and Talented Children19 10.55.804, ARM Gifted and Talented

Policy History:22 Adopted on: 10/13/199823 Reviewed on:24 Revised on: 08/14/201225

Distance, Online, and Technology Delivered Learning

For purposes of this policy, “distance learning” is defined as: instruction in which students and7 teachers are separated by time and/or location with synchronous or asynchronous content,8 instruction, and communication between student and teacher (e.g., correspondence courses,9 online learning, videoconferencing, streaming video).

The District may receive and/or provide distance, online, and technology delivered learning12 programs, provided the following requirements are met:

1. The distance, online, and technology delivered learning programs and/or courses shall15 meet the learner expectations adopted by the District and be aligned with state content16 and performance standards;

2. The District shall provide a report to the Superintendent of Public Instruction,19 documenting how it is meeting the needs of students under the accreditation standards,20 who are taking a majority of courses during each grading period via distance, online, and/21 or technology delivered programs;

3. The District will provide qualified instructors and/or facilitators as described in ARM24 10.55.907(3)(a)(b)(c);

4. The District will ensure that the distance, online, and technology-delivered learning27 facilitators receive in service training on technology delivered instruction as described in28 ARM 10.55.907(3)(d); and

5. The District will comply with all other standards as described in ARM 10.55.907(4)(5)(a31 e).

The District will permit a student to enroll in an approved distance learning course, in order that34 such student may include a greater variety of learning experiences within the student’s35 educational program.

Credit for distance learning courses may be granted, provided the following requirements are38 met:

1. Prior permission has been granted by the principal;

2. The program fits the education plan submitted by the regularly enrolled student;

3. The course does not replace a required course offered by the District;

4. The course is needed as credit retrieval and cannot fit into the student’s schedule; and

5. Credit is granted for schools and institutions approved by the District after evaluation for6 a particular course offering.

The District will not be obligated to pay for a student’s distance learning courses.

The minimum aggregate hours are not required for any pupil demonstrating proficiency pursuant11 to 20 9 311(4)(d), MCA.

Cross Reference: 2410 and 2410P High School Graduation Requirements15 2100 School Calendar and Year

Legal Reference: § 20-9-311(4)(d), MCA Calculation of Average Number18 Belonging19

ARM 10.55.602 Definitions20 ARM 10.55.705 Administrative Personnel; Assignment of School21 Administrators/Principals22

ARM 10.55.906 High School Credit23 ARM 10.55.907 Distance, Online, and Technology Delivered24 Learning

Policy History:27 Adopted on:28 Reviewed on: 08/14/201229 Revised on: 05/14/1930

The Superintendent may order closure of schools in the event of extreme weather or other7 emergency, in compliance with established procedures for notifying parents, students, and staff.

The Board of Trustees is authorized to declare that a state of emergency exists within the10 community. A declaration issued by the Board of Trustees is distinct from any declaration in11 effect or previously issued by local, state or federal authorities. An emergency declaration issued12 by the Board of Trustees authorizes the School District to take extraordinary measures to protect13 students and staff while delivering education services in a manner authorized by law. The14 method and location of instruction and related educational services shall be implemented in a15 manner that serves the needs of students, their families, and staff and preserves the School16 District’s full entitlement of funding.

The trustees may order the emergency closure of schools for one (1) school day each year,19 without the need to reschedule the lost pupil instruction time when the closure is the result of an20 emergency. The 1-school-day closure under this subsection is not subject to the reduction in21 BASE aid pursuant to Section 20 9 805, MCA.

In the event of a declared emergency, the School District shall avail itself of all flexibilities24 allowed by law, rule, or regulation and shall be otherwise governed by the school finance laws25 and rules of the state of Montana. The School District shall comply with auditing requirements26 and reserves the authority to assert its rights to manage school district funds or seek state and27 federal funds in a manner consistent with the full flexibility available under all applicable laws.

If a declaration of emergency is declared by the Board of Trustees, it may later adopt a resolution30 that a reasonable effort has been made to reschedule the pupil instruction time lost because of the31 unforeseen emergency. If the trustees adopt the resolution, the pupil instruction time lost during32 the closure need not be rescheduled to meet the minimum requirement for aggregate hours that a33 school district must conduct during the school year in order to be entitled to full BASE aid. At34 least 75% of the pupil-instruction time lost due to the unforeseen emergency must have been35 made up before the trustees can declare that a reasonable effort has been made.

For the purposes of this and related policies, "reasonable effort" means the rescheduling or extension of the school district's instructional calendar to make up at least 75% of the hours of39 pupil instruction lost due to an unforeseen emergency through any combination of the following as outlined in accordance with Policies 2050 and 2100:

(a) extending the school year beyond the last scheduled day; (b) the use of scheduled vacation days in the district's adopted school calendar (c) the conduct of pupil instruction on Saturdays; (d) extending instructional hours during the school day.

Cross Reference: 2100 School Calendar and Day4 2050 Student Instruction5 8110 Bus Routes and Schedules

Legal Reference: Section 20 9 801 802, MCA Emergency School Closure8 Section 20 9 806, MCA School closure by declaration of emergency9 Section 20 9 805, MCA Rate of reduction in annual apportionment10 entitlement.

Policy History:13 Adopted on: 10/13/199814 Reviewed on:15 Revised on: 8/14/12, 8/17/2116

Library Materials

School library and classroom library books are primarily for use by District students and staff.7 Library books may be checked out by either students or staff. Individuals who check out books8 are responsible for the care and timely return of those materials. The building principal may9 assess fines for damaged or unreturned books.

District residents and parents or guardians of non resident students attending the District may be12 allowed use of library books, at the discretion of the building principal. However, such access13 shall not interfere with regular school use of those books. Use of library books outside of the14 District is prohibited except for inter library loan agreements with other libraries and at the15 discretion of the librarian.

Any individual may challenge the selection of materials for the library/media center. The18 Uniform Complaint Procedure will be utilized to determine if challenged material is properly19 located in the library.

Cross Reference: 1700 Uniform Complaint Procedure24 2314 Learning Materials Review2625

Legal Reference: § 20-4-402(5), MCA Duties of district superintendent or county high27 school principal28 § 20 7 203, MCA Trustees’ policies for school library29 § 20 7 204, MCA School library book selection

Policy History:32 Adopted on: 10/13/199833 Reviewed on: 08/14/201234 Revised on:35

Selection of Library Materials

The District has libraries in every school, with the primary objective of implementing and7 supporting the educational program in the schools. It is the objective of these libraries to provide8 a wide range of materials on all appropriate levels of difficulty, with diversity of appeal and the9 presentation of different points of view.

The provision of a wide variety of library materials at all reading levels supports the District’s12 basic principle that the school in a free society assists all students to develop their talents fully so13 that they become capable of contributing to the further good of that society.

In support of these objectives, the Board reaffirms the principles of intellectual freedom inherent16 in the First Amendment of the Constitution of the United States and expressed in the School17 Library Bill of Rights, endorsed by the American Association of School Librarians in 1969.

Although the Superintendent is responsible for selection of library materials, ultimate20 responsibility rests with the Board.

The Board, acting through the Superintendent, thereby delegates authority for selection of library23 materials to the principal in each of the schools. The principal further delegates that authority to24 the librarian in the school.

(NOTE: BY STATUTE, THE SUPERINTENDENT, or a principal if there is no district27 superintendent, HAS AUTHORITY AND IS RESPONSIBLE FOR SELECTION OF28 LIBRARY MATERIALS, SUBJECT TO BOARD APPROVAL. THE SUPERINTENDENT29 AND BOARD MAY NOT WANT TO DELEGATE THIS RESPONSIBILITY.)

Legal reference: § 20 4 402(5), MCA Duties of district superintendent or county high34 school principal

§ 20 7 203, MCA Trustees’ policies for school library § 20 7 204, MCA School library book selection

Policy History:39

Adopted on: 08/14/2012 Reviewed on:41 Revised on:42

Selection of Library Materials

Selection of library materials is a professional task conducted by library staff. In selecting7 library materials, the librarian will evaluate the existing collection; assess curricula needs;8 examine materials; and consult reputable, professionally prepared selection aids.

Weeding

When materials no longer meet criteria for selection, they will be weeded. Weeding is a13 necessary aspect of selection, since every library will contain works which may have answered a14 need at the time of acquisition, but which, with the passage of time, have become obsolete,15 dated, unappealing, or worn out.

Discarded materials will be clearly stamped:1918

Materials will be discarded in compliance with § 20 6 604, MCA. When the decision to sell or22 dispose of library materials is made, the Board will adopt a resolution to sell or otherwise23 dispose of the material because it is or is about to become abandoned, obsolete, undesirable, or24 unsuitable for the school purposes of the District. The Board will publish a notice of the25 resolution in the newspaper of general circulation in Deer Lodge. The resolution may not26 become effective for fourteen (14) days after notice is published.

Gifts

Gift materials may be accepted with the understanding they must meet criteria set for book31 selection.

Procedure History:36 Promulgated on: 10/13/199837 Reviewed on: 08/14/201238 Revised on:39

Instructional Materials

The Board is legally responsible to approve and to provide the necessary instructional materials7 used in the District. Textbooks and instructional materials should provide quality learning8 experiences for students and:

• Enrich and support the curriculum;11

• Stimulate growth in knowledge, literary appreciation, aesthetic value, and ethical12 standards;

• Provide background information to enable students to make intelligent judgments;14

• Present opposing sides of controversial issues;

• Be representative of the many religious, ethnic, and cultural groups and their16 contributions to our American heritage;

• Depict in an accurate and unbiased way the cultural diversity and pluralistic nature of18 American society.

Basic instructional course material in the fundamental skill areas of language arts, mathematics,21 science, and social studies should be reviewed at intervals not exceeding five (5) years. All22 instructional materials must be sequential and must be compatible with previous and future23 offerings.

Instructional materials may be made available for loan to students when the best interest of the26 District and student will be served by such a decision. Students will not be charged for normal27 wear. They will be charged replacement cost, however, as well as for excessive wear,28 unreasonable damage, or lost materials. The professional staff will maintain records necessary29 for the proper accounting of all instructional materials.

Cross Reference: 2314 Learning Materials Review

Legal Reference: § 20 4 402, MCA Duties of district superintendent or county high36 school principal

§ 20 7 601, MCA Free textbook provisions

§ 20 7 602, MCA Textbook selection and adoption

Policy History:41 Adopted on: 10/13/1998 Reviewed on: 08/14/2012 Revised on:44

Selection, Adoption, and Removal of Textbooks and Instructional Materials

Curriculum committees will generally be responsible to recommend textbooks and major7 instructional materials purchases. Recommendations will be made to the Superintendent. The8 function of the committee is to ensure that materials are selected in conformance with stated9 criteria and established District goals and objectives. A curriculum committee may consist of10 only those members in a particular department. The same basic selection procedures should be11 followed as with District wide committees.

Selection and Adoption

Textbooks shall be selected by a curriculum committee representing the various staff who will16 likely be using the text. In most, but not all, cases an administrator will chair the committee.17 Each committee should develop, prior to selection, a set of selection criteria against which18 textbooks will be evaluated. The criteria should include the following, along with other19 appropriate criteria. Textbooks shall:

• Be congruent with identified instructional objectives;22

• Present more than one viewpoint on controversial issues;23

• Present minorities realistically;24

• Present non stereotypic models;25

• Facilitate the sharing of cultural differences;26

• Be priced appropriately.

Removal

Textbooks may be removed when they no longer meet the criteria for initial selection, when they31 are worn out, or when they have been judged inappropriate through the Learning Materials32 Review Process.

Procedure History:37 Promulgated on:38 Reviewed on: 08/14/201239 Revised on:40

The District recognizes that federal law makes it illegal to duplicate copyrighted materials7 without authorization of the holder of the copyright, except for certain exempt purposes. Severe8 penalties may be imposed for unauthorized copying or use of audio, visual, digital, or printed9 materials and computer software, unless the copying or use conforms to the “fair use” doctrine.

Under the "fair use" doctrine, unauthorized reproduction of printed copyrighted materials is12 permissible for such purposes as criticism, comment, news reporting, teaching, scholarship, or13 research.

Under the fair use doctrine, each of the following four standards must be met in order to use the16 printed copyrighted document:17

• Purpose and Character of the Use The use must be for such purposes as teaching or18 scholarship.19

• Nature of the Copyrighted Work The type of work to be copied.20

• Amount and Substantiality of the Portion Used Copying the whole of a work cannot be21 considered fair use; copying a small portion may be if these guidelines are followed.22

• Effect of the Use Upon the Potential Market for or value of the Copyrighted Work If23 resulting economic loss to the copyright holder can be shown, even making a single copy24 of certain materials may be an infringement, and making multiple copies presents the25 danger of greater penalties.

While the District encourages its staff to enrich learning programs by making proper use of28 supplementary materials, it is the responsibility of staff to abide by District copying procedures29 and obey requirements of law. Under no circumstances will it be necessary for staff to violate30 copyright requirements in order to properly perform their duties. The District cannot be31 responsible for any violations of the copyright law by its staff.

The display of dramatic performances, musical works, motion pictures or television programing34 to students may only occur for educational purposes under the following standards:

• During onsite instruction37

• When viewed in a classroom or designated place of instruction38

• With a lawfully made copy or via an authorized account39

• As a regular part of instruction and directly related to the curriculum

Employees should contact the administration with inquiries about accessing lawful copies of materials or accounts to access materials available via online platforms to ensure compliance with copyright laws.

Any staff member who is uncertain as to whether reproducing or using copyrighted material3 complies with District procedures or is permissible under the law should consult the4 Superintendent. The Superintendent will assist staff in obtaining proper authorization to copy or5 use protected materials, when such authorization is required.76

Legal Reference: 17 USC 101 1332 Federal Copyright Law of 197698

Policy History:10

Adopted on: 10/13/199811 Reviewed on: 08/14/201212 Revised on: 10/09/12, 9/13/2213

Authorized Reproduction and Use of Copyrighted Material in Print

• Materials on the Internet should be used with caution since they may, and likely are, copyrighted.9

• Proper attribution (author, title, publisher, place and date of publication) should always be given.10

• Notice should be taken of any alterations to copyrighted works, and such alterations should only11 be made for specific instructional objectives.12

• Care should be taken in circumventing any technological protection measures. While materials13 copied pursuant to fair use may be copied after circumventing technological protections against14 unauthorized copying, technological protection measures to block access to materials may not be15 circumvented.

In preparing for instruction, a teacher may make or have made a single copy of a chapter from a book; an18 article from a newspaper or periodical; a short story, short essay, or short poem; or a chart, graph,19 diagram, drawing, cartoon, or picture from a book, periodical, or newspaper. A teacher may make20 multiple copies, not exceeding more than one (1) per student, for classroom use if the copying meets the21 tests of “brevity, spontaneity and cumulative effect” set by the following guidelines. Each copy must22 include a notice of copyright.

1. Brevity

a. A complete poem, if less than 250 words and two pages long, may be copied; excerpts27 from longer poems cannot exceed 250 words.28

b. Complete articles, stories or essays of less than 2500 words or excerpts from prose works29 less than 1000 words or 10% of the work, whichever is less, may be copied; in any event,30 the minimum is 500 words. (Each numerical limit may be expanded to permit the31 completion of an unfinished line of a poem or prose paragraph.)32

c. One chart, graph, diagram, drawing, cartoon, or picture per book or periodical issue may33 be copied. “Special” works cannot be reproduced in full; this includes children’s books34 combining poetry, prose, or poetic prose.

2. Spontaneity. Should be at the “instance and inspiration” of the individual teacher when there is37 not a reasonable length of time to request and receive permission to copy.

3. Cumulative Effect. Teachers are limited to using copied material for only one (1) course in the40 school in which copies are made. No more than one (1) short poem, article, story or two (2)41 excerpts from the same author may be copied, and no more than three (3) works can be copied42 from a collective work or periodical issue during one (1) class term. Teachers are limited to nine43 (9) instances of multiple copying for one (1) course during one (1) class term. Limitations do not apply to current news periodicals, newspapers, and current news sections of other periodicals.

Performances by teachers or students of copyrighted dramatic works without authorization from the copyright owner are permitted as part of a teaching activity in a classroom or instructional setting. All other performances require permission from the copyright owner.

The copyright law prohibits using copies to replace or substitute for anthologies, consumable works,4 compilations, or collective works. “Consumable” works include: workbooks, exercises, standardized5 tests, test booklets, and answer sheets. Teachers cannot substitute copies for the purchase of books,6 publishers’ reprints or periodicals, nor can they repeatedly copy the same item from term to term.7 Copying cannot be directed by a “higher authority,” and students cannot be charged more than actual cost8 of photocopying. Teachers may use copyrighted materials in electronic projectors for instructional9 purposes.

Computer Software

Unauthorized copying of any computer software licensed or protected by copyright is theft. Failure to14 observe software copyrights and/or license agreements may result in disciplinary action by the District15 and/or legal action by a copyright owner.

No District owned computing resources should be used for unauthorized commercial purposes.

Authorized Reproduction and Use of Copyrighted Materials in the Library

• A library may make a single copy of or three digital copies an unpublished work which is in its22 collection; a published work in order to replace it because it is damaged, deteriorated, lost or23 stolen, provided the unused replacement cannot be obtained at a fair price; and a work that is24 being considered for acquisition, although use is strictly limited to that decision. Technological25 protection measures may be circumvented for purposes of copying materials in order to make an26 acquisition decision.

A library may provide a single copy of copyrighted material to a student or staff member at no more than29 the actual cost of photocopying. The copy must be limited to one (1) article of a periodical issue or a30 small part of other material, unless the library finds that the copyrighted work cannot be obtained31 elsewhere at a fair price. In the latter circumstance, the entire work may be copied. In any case, the copy32 shall contain the notice of copyright, and the student or staff member shall be notified that the copy is to33 be used only for private study, scholarship, or research. Any other use may subject the person to liability34 for copyright infringement.

At the request of a teacher, copies may be made for reserve use. The same limits apply as for single or37 multiple copies designated in “Authorized Reproduction and Use of Copyrighted Material in Print.”

Authorized Reproduction and Use of Copyrighted Music or Dramatic Works

Teachers may:42

• Make a single copy of a song, movement, or short section from a printed musical or dramatic work that is unavailable except in a larger work for purposes of preparing for instruction;

• Make multiple copies for classroom use of an excerpt of not more than 10% of a printed musical work if it is to be used for academic purposes other than performance, provided that the excerpt does not comprise a part of the whole musical work which would constitute a performable unit such as a complete section, movement, or song;

• In an emergency, a teacher may make and use replacement copies of printed music for an4 imminent musical performance when the purchased copies have been lost, destroyed or are5 otherwise not available.6

• Make and retain a single recording of student performances of copyrighted material when it is7 made for purposes of evaluation or rehearsal;8

• Make and retain a single copy of excerpts from recordings of copyrighted musical works for use9 as aural exercises or examination questions; and,10

• Edit or simplify purchased copies of music or plays provided that the fundamental cha racter of11 the work is not distorted. Lyrics shall not be altered or added if none exist.

Performance by teachers or students of copyrighted musical or dramatic works is permitted without the14 authorization of the copyright owner as part of a teaching activity in a classroom or instructional setting.15 The purpose shall be instructional rather than for entertainment.

Performances of nondramatic musical works that are copyrighted are permitted without the authorization18 of the copyright owner, provided that:19

• The performance is not for a commercial purpose;20

• None of the performers, promoters or organizers are compensated; and,21

• Admission fees are used for educational or charitable purposes only.

All other musical and dramatic performances require permission from the copyright owner. Parents or24 others wishing to record a performance should check with the sponsor to ensure compliance with25 copyright.

Recording of Copyrighted Programs

Television programs, excluding news programs, transmitted by commercial and non commercial30 television stations for reception by the general public without charge may be recorded off air31 simultaneously with broadcast transmission (including simultaneous cable retransmission) and retained32 by a school for a period not to exceed the first forty five (45) consecutive calendar days after date of33 recording. Upon conclusion of this retention period, all off air recordings must be erased or destroyed34 immediately. Certain programming such as that provided on public television may be exempt from this35 provision; check with the [principal, teacher or librarian ] or the subscription database, e.g.36 unitedstreaming.

USE OF INFORMATION RESOURCES REGULATION

Off air recording may be used once by individual teachers in the course of instructional activities, and42 repeated once only when reinforcement is necessary, within a building, during the first 10 consecutive43 school days, excluding scheduled interruptions, in the 45 calendar day r etention period. Off air recordings may be made only at the request of and used by individual teachers, and may not be regularly recorded in anticipation of requests. No broadcast program may be recorded off air more than once at the request of the same teacher, regardless of the number of times the program may be broadcast. A limited number of copies may be reproduced from each off air recording to meet the legitimate needs of teachers. Each additional copy shall be subject to all provisions governing the original recording.

After the first ten consecutive school days, off air recordings may be used up to the end of the 45 calendar4 day retention period only for evaluation purposes, i.e., to determine whether or not to include the5 broadcast program in the teaching curriculum. Permission must be secured from the publisher before the6 recording can be used for instructional purposes after the 10 day period.

Off air recordings need not be used in their entirety, but the recorded programs may not be altered from9 their original content. Off air recordings may not be physically or electronically combined or merged to10 constitute teaching anthologies or compilations. All copies of off air recordings must include the11 copyright notice on the broadcast program as recorded.

Authorized Reproduction and Use of Copyrighted Computer Software

Schools have a valid need for high quality software at reasonable prices. To assure a fair return to the16 authors of software programs, the school district shall support the legal and ethical issues involved in17 copyright laws and any usage agreements that are incorporated into the acquisition of software programs.18 To this end, the following guidelines shall be in effect:19

• All copyright laws and publisher license agreements between the vendor and the school20 district shall be observed;21

• Staff members shall take reasonable precautions to prevent copying or the use of22 unauthorized copies on school equipment;23

• A back up copy shall be purchased, for use as a replacement when a program is lost or24 damaged. If the vendor is not able to supply a replacement, the school district shall make a25 back up copy that will be used for replacement purposes only;26

• A copy of the software license agreement shall be retained by the technology director or27 librarian ; and,28

• A computer program may be adapted by adding to the content or changing the language. The29 adapted program may not be distributed.

Fair Use Guidelines for Educational Multimedia

Students may incorporate portions of copyrighted materials in producing educational multimedia projects34 such as videos, Power Points, podcasts and web sites for a specific course, and may pe rform, display or35 retain the projects.

USE OF INFORMATION RESOURCES REGULATION

Educators may perform or display their own multimedia projects to students in support of curriculum based instructional activities. These projects may be used:

• In face to face instruction;

• In demonstrations and presentations, including conferences;

• In assignments to students;

• For remote instruction if distribution of the signal is limited;

• Over a network that cannot prevent duplication for fifteen days, after fifteen days a copy may be saved on site only; or,

• In their personal portfolios. Educators may use copyrighted materials in a multimedia project for two years, after that permission must be requested and received.

The following limitations restrict the portion of any given work that may be used pursuant of fair use in4 an educational multimedia project:5

• Motion media: ten percent or three minutes, whichever is less;6

• Text materials: ten percent or 1,000 words, whichever is less;7

• Poetry: an entire poem of fewer than 250 words, but no more than three poems from one author8 or five poems from an anthology. For poems of greater than 250 words, excerpts of up to 2509 words may be used, but no more than three excerpts from one poet or five excerpts from an10 anthology;11

• Music, lyrics and music video: Up to ten percent, but no more than thirty seconds. No alterations12 that change the basic melody or fundamental character of the work;13

• Illustrations, cartoons and photographs: No more that five images by an artist, and no more than14 ten percent or fifteen images whichever is less from a collective work;15

• Numerical data sets: Up to ten percent or 2,500 field or cell entries, whichever is less;

Fair use does not include posting a student or teacher’s work on the Internet if it includes portions of18 copyrighted materials. Permission to copy shall be obtained from the original copyright holder(s) before19 such projects are placed online. The opening screen of such presentations shall include notice that20 permission was granted and materials are restricted from further use.

Procedure History:24 Promulgated on: 11/09/201025 Reviewed on: 08/14/201226 Revised on: 10/09/1227

Learning Materials Review

Citizens objecting to specific materials used in the District are encouraged to submit a complaint7 in writing using the Uniform Complaint Procedure (Policy 1700) and discuss the complaint with8 the building principal prior to pursuing a formal complaint.

A formal request to remove an item from the school or limit its use must be in writing and will11 be acted upon by the Superintendent. A spokesperson for each side of the issue will be heard by12 the Superintendent if requested. A written decision will be delivered to the complainant within13 forty (40) school days. Any appeal of this decision must be delivered in writing to the Board as a14 whole. The Board will make the final decisions on appeals.

Learning materials, for the purposes of this policy, are considered to be any material used in17 classroom instruction, library materials, or any materials to which a teacher might refer a student18 as part of the course of instruction.

Cross Reference: 1700 Uniform Complaint Procedure

Policy History:25 Adopted on: 10/13/199826 Reviewed on: 08/14/201227 Revised on:28

Field Trips, Excursions, and Outdoor Education

The Board recognizes that field trips, when used as a device for teaching and learning integral to7 the curriculum, are an educationally sound and important ingredient in the instructional program8 of the schools. Such trips can supplement and enrich classroom procedures by providing9 learning experiences in an environment beyond the classroom. The Board also recognizes that10 field trips may result in lost learning opportunities in missed classes. Therefore, the Board11 endorses the use of field trips, when educational objectives achieved by the trip outweigh any12 lost in-class learning opportunities.

Field trips that will take students out of state must be approved in advance by the Board; building15 principals have the authority to approve all other field trips.

Building principals shall develop procedures for the operation of a field trip which shall ensure18 that the safety of the student shall be protected. Each field trip must be integrated with the19 curriculum and coordinated with classroom activities which enhance its usefulness.

Staff members may not solicit students during instructional time for any privately arranged field22 trip or excursion without Board permission.

The presence of a person with a currently valid first aid card is required during school sponsored25 activities, including field trips, athletic, and other off campus events.

Legal Reference: ARM 37.111.825 Health Supervision and Maintenance

Policy History:32 Adopted on: 10/13/199833 Reviewed on:34 Revised on: 08/14/201235

Controversial Issues and Academic Freedom

The District will offer courses of study which will afford learning experiences appropriate to7 levels of student understanding. The instructional program respects the right of students to face8 issues, to have free access to information, to study under teachers in situations free from9 prejudice, and to form, hold, and express their own opinions without personal prejudice or10 discrimination.

Teachers will guide discussions and procedures with thoroughness and objectivity to acquaint13 students with the need to recognize various points of view, importance of fact, value of good14 judgment, and the virtue of respect for conflicting opinions.

The Board encourages and supports the concept of academic freedom, recognizing it as a17 necessary condition to aid in maintaining an environment conducive to learning and to the free18 exchange of ideas and information.

In a study or discussion of controversial issues or materials, however, the Board directs teaching21 staff to take into account the following criteria:

1. Relative maturity of students;24

2. District philosophy of education;25

3. Community standards, morals, and values;26

4. Necessity for a balanced presentation; and27

5. Necessity to seek administrative counsel and guidance in such matters.

Legal Reference: Article X, Sec. 8, Montana Constitution School district trustees32 § 20 3 324(16) and (17), MCA Powers and duties

Policy History:35

Adopted on: 10/13/199836 Reviewed on: 08/14/201237 Revised on:38

Religion and Religious Activities

In keeping with the United States and Montana Constitutions and judicial decisions, the District7 may not support any religion or endorse religious activity. At the same time, the District may8 not prohibit private religious expression by students. This policy provides direction to students9 and staff members about the application of these principles to student religious activity at school.

Student Prayer and Discussion

Students may pray individually or in groups and may discuss their religious views with other14 students, as long as they are not disruptive or coercive. The right to engage in voluntary prayer15 does not include the right to have a captive audience listen, to harass other students, or to force16 them to participate. Students may pray silently in the classroom, except when they are expected17 to be involved in classroom instruction or activities.

Staff Members

Staff members are representatives of the District and must “navigate the narrow channel between22 impairing intellectual inquiry and propagating a religious creed.” They may not encourage,23 discourage, persuade, dissuade, sponsor, participate in, or discriminate against a religious activity24 or an activity because of its religious content. They must remain officially neutral toward25 religious expression.

Assemblies, Extracurricular and Athletic Events

District officials may not invite or permit members of the clergy, staff members, or outsiders to30 give prayers at school sponsored assemblies and extracurricular or athletic events. District31 officials also may not organize or agree to student requests for prayer at assemblies and other32 school sponsored events. Furthermore, prayer may not be broadcast over the school public33 address system, even if the prayer is nonsectarian, nonproselytizing, and initiated by students.

Student Religious Expression and Assignments

Students may express their individual religious beliefs in reports, tests, homework, and projects. Staff members should judge their work by ordinary academic standards, including substance,39 relevance, appearance, composition, and grammar. Student religious expression should neither40 be favored nor penalized.

Religion in the Curriculum

Staff members may teach students about religion in history, art, music, literature, and other subjects in which religious influence has been and continues to be felt. However, staff members

may not teach religion or advocate religious doctrine or practice. The prohibition against4 teaching religion extends to curricular decisions which promote religion or religious beliefs.65

School programs, performances, and celebrations must serve an educational purpose. The7 inclusion of religious music, symbols, art, or writings is permitted, if the religious content has a8 historical or independent educational purpose which contributes to the objectives of the approved9 curriculum. School programs, performances, and celebrations cannot promote, encourage,10 discourage, persuade, dissuade, or discriminate against a religion or religious activity and cannot11 be oriented to religion or a religious holiday.

Student Religious Clubs

Students may organize clubs to discuss or promote religion, subject to the same constitutionally16 acceptable restrictions the District imposes on other student organized clubs.

Distribution of Religious Literature

Students may distribute religious literature to their classmates, subject to the same21 constitutionally acceptable restrictions the District imposes on distribution of other non school22 literature. Outsiders may not distribute religious or other literature to students on school23 property, consistent with and pursuant to the District policy on solicitations (Policy 4321).

Religious Holidays

Staff members may teach objectively about religious holidays and about religious symbols,28 music, art, literature, and drama which accompany the holidays. They may celebrate the29 historical aspects of the holidays but may not observe them as religious events.

Policy History:32 Adopted on: 10/13/199833 Reviewed on:34 Revised on: 08/14/201235

Health, family life, and sex education, including information about parts of the body,7 reproduction, and related topics, will be included in the instructional program as appropriate to8 grade level and course of study. An instructional approach will be developed after consultation9 with parents and other community representatives. Parents may ask to review materials to be10 used and may request that their child be excluded from sex education class sessions without11 prejudice.

The Board believes HIV/AIDS and other STI instruction is most effective when integrated into a14 comprehensive health education program. Instruction must be appropriate to grade level and15 development of students and must occur in a systematic manner. The Board particularly desires16 that students receive proper education about HIV and other STI’s, before they reach the age17 when they may adopt behaviors which put them at risk of contracting the disease.

In order for education about HIV and other STI’s to be most effective, the Superintendent will20 require that faculty members who present this instruction receive continuing in service training21 which includes appropriate teaching strategies and techniques. Other staff members not involved22 in direct instruction, but who have contact with students, will receive basic information about23 HIV/AIDS and other STI’s and instruction in use of universal precautions when dealing with24 body fluids.

In accordance with Board policy, parents will have an opportunity to review the HIV/STI27 education program, before it is presented to students.

Credit Transfer and Assessment for Placement

Requests from parents of students in non accredited, nonpublic schools for placement in the District7 school system will be evaluated by an assessment for placement team. That team will include:98

1. A school principal;

2. One (1) teacher of the grade in which the student is being considered for enrollment; and

3. One (1) counselor or psychologist

The assessment for placement team will cause the District adopted norm referenced test and/or the end16 of the year subject matter test to be administered and scored. The assessment for placement team will17 take into account the following in its recommendation for grade placement:

1. Documentation that the non accredited, nonpublic school has provided a comparable number of20 hours as the child would have attended in a public or private school;

2. That the child followed a similar curriculum as would have been provided in an accredited public23 or private school;

3. That the result of the end of the year test indicates the student has mastered most prerequisite26 skills; and

4. That the child achieved an NCE score of forty (40) or above on the Standard Achievement Test.

Parents of students in home schools are encouraged to maintain a log documenting dates of instruction,31 content of instruction, amount of time spent on that instruction, scores on tests, and grades in all activities.3332

The District is not obligated to provide instructional materials for other public or private schools.

If a parent or guardian is not in agreement with the placement of the child, he/she may request a hearing36 before the Board.

Legal Reference: § 20 5 110, MCA School district assessment for placement of a child who41 enrolls from a nonaccredited, nonpublic school

Policy History:44 Adopted on: 10/13/199845 Reviewed on:46 Revised on: 08/14/201247

Grading and Progress Reports

The District believes cooperation of school and home is a vital ingredient in the growth and7 education of students and recognizes its responsibility to keep parents informed of student8 welfare and progress in school.

The issuance of grades and progress reports on a regular basis serves as a basis for continuous11 evaluation of student performance and for determining changes that should be made to effect12 improvement. These reports will be designed to provide information helpful to the students,13 teachers, counselors, and parent or legal guardian.

The Board directs the Superintendent to establish a system of reporting student progress and will16 require all staff to comply with such a system as part of their teaching responsibility. Staff,17 parents or legal guardians and teachers shall be involved.

Policy History:22 Adopted on: 10/13/199823 Reviewed on: 08/14/201224 Revised on:25

Promotion and Retention

It is the policy of the District to educate young people to help them realize their full potential.8 These promotion/retention procedures are designed to recognize the achievement of basic skills9 and to allow students to move through the continuum of grades, while providing for needs and10 differences among students.

Grades K-5

Students will normally progress annually from grade to grade. Exceptions may be made when15 such expectations are in the best educational interests of the students.

Whenever such retention is being considered, but not later than February 1 in grades K-6, the18 teacher(s) shall notify the principal and confer with other staff members involved with the child,19 such as the child’s special teachers and the counselors.

Parents shall be requested to attend a meeting with the said staff members no later than February22 10. At this meeting the possibility of retention will be discussed. The discussion will consist of23 an explanation to the parents of their child’s current academic standing in relationship to the24 group and to his or her own individual ability. Goals will be set for the second semester.

By May 15, in grades K-6, a second meeting will be held to review the goals and the student’s27 progress. At this time a final decision of promotion or retention will be made.

A written resume of each meeting will be kept with each person attending the meeting signing30 the report.

If an unusual situation arises, the deadline date may be extended. This would be allowed only33 when circumstances occur that warrant such extension, subject to the approval of the principals34 and/or Superintendent.

Retention may be recommended if a student is absent more than twenty (20) days during the37 school year.

Only in unusual circumstances should a child be retained more than once.

Grades 6 8

Each of the following criteria will be considered for promotion of students from grade seven to44 eight and from grade eight to nine:

1. Course Work4

2. Teacher Recommendation Attendance

The following guidelines will direct the principal’s decisions for retention of seventh and eighth8 grade students:

1. A student has failed to attain an overall grade point average (GPA) of 1.0 or above for the11 year in all courses taken. The overall average shall be derived by averaging the final12 grade for all courses taken. (A=93-100, B=85-92, C=73-84, D=65-72, F=0-64). Classes13 which are not held every day will be prorated. Consistency in grading will follow the14 guidelines as outlined in E.F. Duvall Administrative Procedures.

2. A student has failed in two or more major subjects (history, math, science, language arts,17 reading).

3. Students miss more than twenty (20) school days during the academic year.

4. A team of teachers may have special knowledge of the student’s social and physical22 maturity that could influence promotion and may make a recommendation as to23 promotion/retention.

Final responsibility for determining whether a student is to be promoted rests with the building26 principal after considering the recommendations of the classroom teacher(s) and other staff27 members involved.

The guidelines will be followed in all cases involving student retention, except that a letter will30 be sent home informing parents that the child is in danger of failing and a meeting will be held at31 parent request.

Policy History:35

Adopted on: 10/13/199836 Reviewed on:37 Revised on: 09/15/2004, 08/14/201238

INSTRUCTION

Recognition of Native American Cultural Heritage

The District recognizes the distinct and unique cultural heritage of Native Americans and is7 committed in the District’s educational goals to the preservation of such heritage.98

In furtherance of the District’s educational goals, the District is committed to:

• Working cooperatively with Montana Tribes in close proximity to the District, when12 providing instruction, when implementing educational goals or adopting rules relating to13 education of students in the District;

• Periodically reviewing its curriculum to ensure the inclusion of cultural heritage of16 Native Americans, which will include but not necessarily be limited to:

• Considering methods by which to provide books and materials reflecting19 authentic historical and contemporary portrayals of Native Americans;

• Taking into account individual and cultural diversity and differences among22 students;

• Providing necessary training for school personnel, with the objective of gaining an25 understanding and awareness of Native American culture, which will assist the District’s26 staff in its relations with Native American students and parents.

The Board may require certified staff to satisfy the requirements for instruction in American29 Indian studies, set forth in § 20 1 503, MCA.

Legal Reference: Art. X, Sec. 1(2), Montana Constitution34 §§ 20 1 501, et seq., MCA Indian Education for All35 10.55.603 ARM Curriculum and Assessment36 10.55.701 ARM Board of Trustees37 10.55.803 ARM Learner Access

Policy History:40 Adopted on: 01/11/200541 Reviewed on: 08/14/201242 Revised on:43

The School District is committed to providing school environments that promote and protect children’s7 health, well being, and ability to learn by supporting healthy eating and physical activity. Therefore, it is8 the policy of the School District that:

The development of the school wellness policy, at a minimum, will include:11

1. Community involvement, including input from teachers of physical education and school health12 professionals, parents, students, school food service, the school Board, school administrators,13 educators, and the public. Training of this team of people on the components of a healthy school14 nutrition environment is recommended.15

2. Goals for nutrition education, nutrition promotion, physical activity, and other school16 based activities that are designed to promote student wellness in a manner that the local17 education agency determines appropriate.18

3. Implementation, Periodic Assessment, and Public Updates, including expanding the purpose of19 the team of collaborators beyond the development of a local wellness policy to also include the20 implementation of the local wellness policy with periodic review and updates, inform and update21 the public every three years, at a minimum, (including parents, students, and others in the22 community) about the content and implementation of the local wellness policies, and to measure23 periodically and make available to the public an assessment of the local wellness policy,24 including:25

• The extent to which schools are in compliance with the local wellness policy;26

• The extent to which the LEA’s local wellness policy compares to model local school27 wellness policies; and28

• The progress made in attaining the goals of the local wellness policy.29

4. Nutrition guidelines for all foods available on each school campus under the local education30 agency during the school day, with the objectives of promoting student health and nutrient rich31 meals and snacks. This includes food and beverages sold in a la carte sales, vending machines,32 and student stores; and food and beverages used for classroom rewards and fundraising efforts.33

5. Guidelines for reimbursable school meals to ensure that the District offers school meal programs34 with menus meeting the meal patterns and nutrition standards established by the U.S. Department35 of Agriculture.36

6. A plan for measuring implementation of the local wellness policy, including designation of one37 or more persons within the local education agency or at each school, as appropriate, charged with38 operational responsibility for ensuring that each school fulfills the District’s local wellness policy.

The suggested guidelines for developing the wellness policy include:

Nutrition Education and Nutrition Promotion

All students K 12 shall receive nutrition education that teaches the knowledge and skills needed to adopt healthy eating behaviors and is aligned with the Montana Health Enhancement Standards Nutrition education shall be integrated into the curriculum. Nutrition information and education shall be offered and promoted throughout the school campus and based on the U.S. Dietary Guidelines for Americans. Staff who provide nutrition education shall have the appropriate training, such as in health enhancement or family and consumer sciences.

Health Enhancement and Physical Activity Opportunities4

The District shall offer health enhancement opportunities that include the components of a quality health5 enhancement program taught by a K 12 certified health enhancement specialist, if permitted by staffing6 levels Health enhancement shall equip students with the knowledge, skills, and values necessary for7 lifelong physical activity. Health enhancement instruction shall be aligned with the Montana Health8 Enhancement Standards

All K 12 students of the District shall have the opportunity to participate regularly in supervised,11 organized or unstructured, physical activities, to maintain physical fitness, and to understand the short12 and long term benefits of a physically active and healthy lifestyle.

Nutrition Standards15

The District shall ensure that reimbursable school meals and snacks meet the program requirements and16 nutrition standards found in federal regulations including but not limited to Smart Snacks in School17 Nutrition Standards. The District shall encourage students to make nutritious food choices through18 accessibility, advertising and marketing efforts of healthful foods.

The District shall monitor all food and beverages sold or served to students during the normal school day,21 including those available outside the federally regulated child nutrition programs (i.e., a la carte, vending,22 student stores, classroom rewards, fundraising efforts) The District shall consider nutrient density and23 portion size before permitting food and beverages to be sold or served to students. The Superintendent24 shall continually evaluate vending policies and contracts. Vending contracts that do not meet the intent25 and purpose of this policy shall be modified accordingly or not renewed.

Other School Based Activities Designed to Promote Student Wellness28

The District may implement other appropriate programs that help create a school environment that29 conveys consistent wellness messages and is conducive to healthy eating and physical activity, such as30 staff wellness programs, non food reward system and fundraising efforts.

Maintaining Student Wellness33

The Superintendent shall develop and implement administrative rules consistent with this policy. Input34 from teachers, parents/guardians, students, school food service program, the school Board, school35 administrators, and the public shall be considered before implementing such rules. A sustained effort is36 necessary to implement and enforce this policy. The Superintendent shall measure how well this policy is37 being implemented, managed, and enforced. The Superintendent shall report to the Board, as requested,38 on the District’s programs and efforts to meet the purpose and intent of this policy.

Legal Reference: PL 108 265 The Child Nutrition and WIC Reauthorization Act of 2004

PL 111 296 The Healthy, Hunger Free Kids Act of 2010

Policy History:

Adopted on: 10/05/2010

Reviewed on: 08/14/2012 Revised on: 10/10/17, 9/13/22

3110

TABLESTUDENTSSERIESOFCONTENTS

Entrance, Placement, and Transfer

R 3120 Compulsory Attendance

3121 3121P Enrollment and Attendance Records 3122 Attendance Policy

R 3123 Attendance Policy Truancy

R 3125 Education of Homeless Children

3125F McKinney Vento Homeless Assistance Dispute Resolution Form 3141 Discretionary Nonresident Student Attendance Policy 3150 Part Time Attendance 3200 Student Rights and Responsibilities

R 3210

Equal Education, Nondiscrimination and Sex Equity

3221 Student Publications 3224 Student Dress

R 3225 Sexual Harassment/Intimidation of Students 3225F 3225P Harassment Reporting Form for Students

R 3226 Bullying/Harassment/Intimidation/Hazing 3231 3231P Searches and Seizure 3235 Video Surveillance

R 3300 Suspension and Expulsion

R 3310 Student Discipline 3310P Discipline of Students With Disabilities 3311 Firearms and Weapons 3312 Detention 3340 Extra and Co Curricular Alcohol, Drug, and Tobacco Use 3410 Student Health/Physical Screenings/Examinations 3413 Student Immunization 3416 Administering Medicines to Students 3416F Montana Authorization to Possess or Self Administer Asthma, Severe Allergy, or Anaphylaxis Medication 3417 Communicable Diseases 3431 Emergency Treatment 3440 3440P Removal of Student During School Day 3510 School Sponsored Student Activities

R 3520 Student Fees, Fines, and Charges 3530 Student Fund Raising Activities 3535 Distribution of Fund Drive Literature Through Students 3600 3600P 3600F1 Student Records 3600F2 Student Directory Information Notification

R 3606

R 3608

3611

Transfer of Student Records

Receipt of Confidential Records

Gangs and Gang Activity

R 3612 District Provided Access to Electronic Information, Services, and Networks 3630

Cell Phones and Other Electronic Equipment 3650

After School Program (Life Lines)

Entrance, Date, and Age

The trustees will enroll and admit a child to a school in the district when the child is 5 years of9 age or older on or before the tenth (10th) day of September of the school year in which the child10 is to enroll but is not yet 19 years of age who is a resident of the District. Parents may request a11 waiver of the age requirement. All waivers are granted in the sole discretion of the Trustees.

Non resident students may be admitted at the discretion of the Trustees. Children will be14 enrolled in the grade identified in accordance with District policy or at the discretion of the of the15 administration in consultation with the student’s parents or guardians The District requires16 proof of identity and an immunization record for every child to be admitted to District schools.

The trustees may at their discretion assign and admit a child to a school in the district who is19 under 5 years of age or an adult who is 19 years of age or older if there are exceptional20 circumstances that merit waiving the age provision. The trustees may also admit an individual21 who has graduated from high school but is not yet 19 years of age even though no special22 circumstances exist for waiver of the age provision of this Policy

School Entrance

1. The District requires that a student’s parents, legal guardian, or legal custodian present27 proof of identity of the child1 to the school within forty (40) days of enrollment, as well28 as proof of residence in the District. Students who are not residents of the District may29 apply for admission pursuant to Policy 3141.

2. To be admitted to District schools, in accordance with the Montana Immunization Law, a32 child must have been immunized against varicella, diphtheria, pertussis, tetanus,33 poliomyelitis, rubella, mumps, and measles in the manner and with immunizing agents34 approved by the department. Immunizations may not be required if a child qualifies for35 conditional attendance or an exemption is filed as provided by Montana law.

3. The above requirements are not to serve as barriers to immediate enrollment of students38 designated as homeless or foster children as required by the Every Student Succeeds Act39 (ESSA) and the McKinney Vento Act as amended by ESSA. The District shall work with the local child welfare agency, the school last attended, or other relevant agencies to obtain necessary enrollment documentation and ensure a student receives education services in the best interests of the child. The Superintendent or designee shall serve as point of contact with all applicable agencies to review records, facilitate services and resolve disputes.

Placement

The District goal is to place students at levels and in settings that will increase the probability of6 student success. Developmental testing, together with other relevant criteria, including but not7 limited to health, maturity, emotional stability, and developmental disabilities, may be8 considered in the placement of all students. Final disposition of all placement decisions rests9 with the principal, subject to review by the Superintendent or the Board.

Children of Relocated Military Families

The Board shall assign and admit a child whose parent or guardian is being relocated to Montana14 under military orders to a school in the district and allow the child to preliminarily enroll in15 classes and apply for programs offered by the District prior to arrival and establishing residency.

The student will be placed in student data management system as soon as enrolled under this18 provision. The student will attend classes during preliminary enrollment and the Board19 authorizes the administration to provide offsite instruction to the student if not present in the20 District. The District will include a student enrolled under this provision as part of the21 calculation of ANB.

Transfer

District policies regulating the enrollment of students from other accredited elementary and26 secondary schools are designed to protect the educational welfare of children.

Elementary Grades (K 8)

A student transferring into the District will be admitted and placed31 subject to observation by appropriate teachers and a building principal during a probation period32 of two (2) weeks. Thereafter, should doubt arise as to initial grade and level placement of a33 student, school personnel will conduct an educational assessment to determine appropriate grade34 and level placement.

Secondary Grades (9 12) Credit Transfer

A transfer of credits from any secondary school is subject to a satisfactory examination of the39 following:

1. Appropriate certificates of school accreditation;42

2. Length of course, school day, and school year;43

3. Content of applicable courses;

4. School building as it relates to credit earned (i.e., lab areas for appropriate science or45 vocational instruction);

5. Appropriate evaluation of student performance leading toward credit issuance.54

The District will follow Montana Accreditation Rules and Standards, along with local alternate6 procedures for earning credit, in reviewing requests for transfer of credits. High school7 principals have authority for approving credit transfers, subject to review by the Superintendent8 or the Board.

Legal Reference: § 20 5 101, MCA

Admittance of child to school11

§ 20 5 403, MCA Immunization required release and12 acceptance of immunization records13

§ 20 5 404, MCA Conditional attendance14

§ 20 5 405, MCA Medical or religious exemption15

§ 20 5 406, MCA Immunization record16

§ 44 2 511, MCA School enrollment procedure17 10.16.3122, ARM Local Educational Agency Responsibility18 For Students with Disabilities19

10.55.601, et seq., ARM Accreditation Standards: Procedures20 Chapter 20 2021 General Legislative Session21 HB 246 2021 General Legislative Session

Policy History:24 Adopted on: 11/10/199825 Reviewed on: 8/14/1226 Revised on: 1/11, 10/14/14, 9/8/15, 10/10/17, 5/14/19, 8/17/2127

1 For the purposes of this section “proof of identity” means a certified copy of a birth certificate, a certified transcript or similar student records from the previous school, or any documentary evidence that a school district considers to be satisfactory proof of identity. 44 2 511(6)(a), MCA MTSBA

Compulsory Attendance

To reach the goal of maximum educational benefits for every child requires a regular continuity of7 instruction, classroom participation, learning experiences, and study. Regular interaction of students with8 one another in classrooms and their participation in instructional activities under the tutelage of competent9 teachers are vital to the entire process of education. This established principle of education underlies and10 gives purpose to the requirement of compulsory schooling in every state in the nation. A student’s regular11 attendance also reflects dependability and is a significant component of a student’s permanent record.

Parents or legal guardians or legal custodians are responsible for seeing that their children who are age14 seven (7) or older before the first (1st) day of school attend school until the later of the following dates:

1. Child’s sixteenth (16th) birthday; or17

2. Completion date of the work of eighth (8th) grade.

The provisions above do not apply in the following cases:

(a) The child has been excused under one of the conditions specified in 20 5 102.22

(b) The child is absent because of illness, bereavement, or other reason prescribed by the23 policies of the trustees.24

(c) The child has been suspended or expelled under the provisions of 20 5 202.

Compulsory attendance stated above will not apply when children:

1. Are provided with supervised correspondence or home study; or29

2. Are excused because of a determination by a district judge that attendance is not in the best30 interests of the child; or31

3. Are enrolled in a non public or home school; or32

4. Are enrolled in a school in another district or state; or33

5. Are excused by the Board on a determination that attendance after age of sixteen (16) is not in the34 best interests of the child and the school

Legal Reference: § 20 1 308, MCA Religious instruction released time program37

§ 20 5 101, MCA Admittance of child to school

§ 20 5 102, MCA Compulsory enrollment and excuses

§ 20 5 103, MCA Compulsory attendance and excuses

§ 20 5 104, MCA Attendance officer

§ 20 5 106, MCA Truancy

§ 20 5 107, MCA Incapacitated and indigent child attendance

§ 20 5 108, MCA Tribal agreement with district for Indian child compulsory attendance and other agreements

§ 20 5 202, MCA Suspension and Expulsion

Policy History:47

Adopted on: November 10, 1998 Reviewed on:49 Revised on: 08/14/2012

Since accurate enrollment and attendance records are essential both to obtain state financial7 reimbursement and to fulfill the District’s responsibilities under the attendance laws, staff shall8 be diligent in maintaining such records.

A district may only include, for ANB purposes, any student who participates in pupil instruction as defined in Section 20 1 101(17), MCA and for whom ANB may be claimed under Title 20,12 including but not limited to an enrolled student who is:

• A resident of the district or a nonresident student admitted by trustees under a student15 attendance agreement and who is attending a school of the district;

• Unable to attend school due to a medical reason certified by a medical doctor and18 receiving individualized educational services supervised by the district, at district19 expense, at a home or facility that does not offer an educational program;

• Unable to attend school due to the student’s incarceration in a facility, other than a youth22 detention center, and who is receiving individualized educational services supervised by23 the district, at district expense, at a home or facility that does not offer an educational24 program;

• Living with a caretaker relative under Section 1 1 215, MCA;

• Receiving special education and related services, other than day treatment, under a29 placement by the trustees at a private nonsectarian school or private program if the30 student’s services are provided at the district’s expense under an approved individual31 education plan supervised by the district;

• Participating in the Running Start Program at district expense under Section 20 9 706,34 MCA;

• Receiving education services, provided by the district, using appropriately licensed district staff at a private residential program or private residential facility licensed by the38 Department of Public Health and Human Services;

• Enrolled in an educational program or course provided at district expense using electronic or offsite delivery methods, including but not limited to tutoring, distance learning programs, online programs, and technology delivered learning programs, while attending a school of the district or any other nonsectarian offsite instructional setting with the approval of the trustees of the district;

• A student of the district completing work on a proficiency basis in accordance with4 Sections 20-9-311(4)(d) and 20-9-324(18)(b), MCA;

• A student enrolled by the Board for exceptional circumstances as defined in applicable7 District policies and in accordance with Section 20 5 101, MCA.

• A student gaining credit for participating in a work based learning program pursuant to10 Section 20 7 1510, MCA, and Policy 2600;

• A student participating in an “innovative educational program” as defined in Section 1513 30 3102, MCA;

• A resident of the district attending a Montana job corps program under an interlocal16 agreement with the district under Section 20 9 707, MCA; or

• A resident of the district attending a Montana Youth Challenge Program under an19 interlocal agreement with the district under Section 20 9 707, MCA.

In order for a student who is served through distance learning or offsite delivery methods to be22 included in the calculation of average number belonging, the student must meet one or more of23 the conditions for participating in offsite instruction pursuant to Section 20 7 118, MCA

Enrollment for Purposes of Participation in Extracurricular Activities By an Unenrolled Child or26 Part Time Enrolled Student

The District shall include for ANB purposes a child who during the prior school year:29 a. resided in the District;30 b. was not enrolled in the District or was not enrolled full time; and31 c. completed an extracurricular activity with a duration of at least 6 weeks in accordance32 with Policy 3510.

Each completed extracurricular activity that, inclusive of practices and post season tournaments,35 lasts 6 weeks or longer shall be counted as one sixteenth enrollment. Each completed36 extracurricular activity lasting longer than 18 weeks may be counted as one eighth enrollment. A37 child may not be counted as more than one full time enrollment for ANB purposes.

For purposes of calculating ANB under this section, "extracurricular activity" means:40 a. a sport or activity sanctioned by an organization having jurisdiction over interscholastic activities, contests, and tournaments; b. an approved career and technical student organization, pursuant to Section 20 7 306,43 MCA; or c. a school theater production.

Homeless Youth and Foster Children4 Assignment to schools shall be subject to modification when federal law applicable to students5 placed in foster care or students who are homeless requires that such students be educated in a6 “school of origin” that differs from the assigned school.

87

Cross References: Policy 3510 School Sponsored Activities9 Policy 2600 Work Based Learning10 Policy 1010FE/3100 Early Enrollment for Exceptional Circumstances

Legal Reference: § 1 1 215, MCA Residence rules for determining13 § 20-9-311, MCA Calculation of average number belonging (ANB)14

§ 20 9 706, MCA Running start program15

§ 20 9 707, MCA Agreement with Montana youth challenge program16 or accredited Montana job corps program17

§ 20 5 101, MCA Admittance of child to school18

§ 20 5 112, MCA Participation in Extracurricular Activities19

§ 20 1 101, MCA Definitions20

§ 20 3 324, MCA Powers and Duties21

§20 7 1510, MCA Credit for participating in work based learning22 partnerships23

29 U.S.C. 794 Nondiscrimination under Federal grants24 and programs25

34 CFR 300.1, et seq. Assistance to states for the education of children26 with disabilities27

Policy History:28 Adopted on: 9/11/0729 Reviewed on:30 Revised on: 8/14/12, 10/10/17, 8/17/21

Enrollment and Attendance Records

Average Number Belonging

Average Number Belonging (ANB) is the enrollment measure used for the State Foundation9 Program calculations as defined in § 20 9 311, MCA. The ANB of one year is based on the10 attendance records of the preceding year. Funding for districts is based on ANB, which is based11 on “aggregate hours” per year and must be accurate. “Aggregate hours” means the hours of12 pupil instruction for which a school course or program is offered or for which a pupil is enrolled.

For a child to be counted for ANB purposes:

a) The child must meet the definition of pupil as found in § 20 1 101(11), MCA;1817

b) Attending 181 to 359 aggregate hours = One quarter time enrollment2019

c) Attending 360 to 539 aggregate hours = One half time enrollment2221

d) Attending 540 to 719 aggregate hours = Three quarter time enrollment

e) Attending 720 aggregate hours or more = Full time enrollment2625

A school district may include in its calculation of ANB a pupil who is enrolled in a program27 providing fewer than the required aggregate hours of pupil instruction required under subsection28 20 9 311 (4)(a)(b) if the pupil had demonstrated proficiency in the content ordinarily covered by29 the instruction as determined by the school board using district assessments. The ANB must be30 converted to an hourly equivalent based on the hours of instruction ordinarily provided for the31 content over which the student has demonstrated proficiency. 20 9 311(4)(d).

Homebound Students

Students who are receiving instructional services, who were in the education program and, due to36 medical reasons certified by a medical doctor, are unable to be present for pupil instruction, may37 be counted as enrolled for ANB purposes, if the student:

a) Is enrolled and is currently receiving organized and supervised pupil instruction;

b) Is in a home or facility which does not offer a regular educational program; and

c) Has instructional costs during the absence, which are financed by the District’s general fund.

If a homebound student does not meet the criteria set forth above, the District may request a4 variance through the Office of Public Instruction, for consideration of the student in the5 enrollment count for ANB purposes beyond the tenth (10th) day of absence.

Attendance Accounting98

Days present and absent for every student are to be recorded in each building, for the purpose of10 informing parents of a student’s attendance record.

On the first (1st) Monday in October and on February 1st (or the next school day if those dates do13 not fall on a school day), the number of all enrolled students (whether present or absent) by grade14 level and class will be recorded on the forms provided by the District. Special education children15 who are enrolled in special programs sixteen (16) hours or more a week will be listed separately.16 The Director of Special Education should be contacted to verify this count. Monthly student17 counts of enrolled children by grade and classroom will be provided by the office.

Legal Reference: 10.20.102, ARM Calculation of Average Number Belonging (ANB)22 § 20 1 101, MCA Definitions

Procedure History:25 Promulgated on:26 Reviewed on: 08/14/201227 Revised on: February 11, 2003, February, 2011, October 08, 2013, 09/08/15, 11/09/1628

Attendance Policy

To reach the goal of maximum educational benefits for each child requires a regular continuity7 of instruction, classroom participation, learning experiences, and study. Regular interaction of8 students with one another in the classroom and their participation in instructional activities under9 the tutelage of competent teachers are vital to the entire process of education. This established10 principle of education underlies and gives purpose to the requirement of compulsory schooling in11 every state in the nation. The good things schools have to offer can only be presented to students12 in attendance.

A student’s regular school attendance also reflects dependability and is a significant component15 on a student’s permanent record. Future employers are as much concerned about punctuality and16 dependability as they are about academic record. School success, scholarship, and job17 opportunity are greatly affected by a good attendance record.

The specific rules and regulations regarding attendance can be found in the student handbook.

Policy History:22 Adopted on: November 10, 199823 Reviewed on: 08/14/201224 Revised on:25

Attendance Policy Truancy

Students are expected to attend all assigned classes each day. Teachers shall keep a record of absence and8 tardiness. Before the end of the school day, each school shall attempt to contact every parent, guardian,9 or custodian whose child is absent from school but who has not reported the child as absent for the school10 day, to determine whether the parent, guardian, or custodian is aware of the child’s absence from school.

For the purpose of this policy “truant” or “truancy” means the persistent non attendance without excuse,13 as defined by this policy, for all or any part of a school day equivalent to the length of one class period of14 a child required to attend a school under 20 5 103. “Habitual truancy” means recorded unexcused15 absences of 9 or more days or 54 or more parts of a day, whichever is less, in 1 school year.

The Deer Lodge School District’s list of excused absences can be found in the School Handbooks

The Deer Lodge School district has appointed Chief of Police Mike Grey as the attendance officer of the20 district.

Upon the board designating one or more of its staff as the attendance officer(s), the attendance officer(s)23 shall have the powers and duties as stated in 20 5 105(1) (Section 2), MCA.

Legal Reference: § 20 5 103, MCA Compulsory attendance and excuses27

§ 20 5 104, MCA Attendance officer28

§ 20 5 105, MCA Attendance officer powers and duties29

§ 20 5 106, MCA Truancy30

§ 20 5 107, MCA Incapacitated and indigent child attendance31

§ 41 5 103(22), MCA Definitions32

Procedure History:33

Promulgated on: 10/08/201334 Reviewed on:35 Revised on:36

Education of Homeless Children

Every child of a homeless individual and every homeless child are entitled to equal access to the same7 free, appropriate public education as provided to children with permanent housing. The District must8 assign and admit a child who is homeless to a District school regardless of residence and irrespective of9 whether the homeless child is able to produce records normally required for enrollment. The District may10 not require an out-of-District attendance agreement and tuition for a homeless child.

Should a child become homeless over the course of the school year, the child must be able to remain at13 the school of origin, or be eligible to attend another school in the district.

The Superintendent will review and revise as necessary rules or procedures that may be barriers to16 enrollment of homeless children and youths. In reviewing and revising such procedures, the17 Superintendent will consider issues of transportation, immunization, residence, birth certificates, school18 records, and other documentation.

Homeless students will have access to services comparable those offered to other students, including but21 not limited to:

1. Transportation services;24

2. Educational services for which a student meets eligibility criteria (e.g., Title I);25

3. Educational programs for children with disabilities and limited English proficiency;26

4. Programs in vocational and technical education;27

5. Programs for gifted and talented students; and28

6. School nutrition program.

The Superintendent will give special attention to ensuring the enrollment and attendance of homeless31 children and youths not currently attending school. The Superintendent will appoint a liaison for32 homeless children. A “homeless individual” is defined as provided in the McKinney Homeless33 Assistance Act.

Anyone having a concern or complaint regarding placement or education of a homeless child will first36 present it orally and informally to the District homeless liaison. To further ensure that the District is37 removing barriers to the educational access and success of children and youths who are homeless, and to38 ensure that Title 1 funding is expended in an appropriate manner, the District has adopted the dispute39 resolution form at 3125F

Cross Reference: 1700 Uniform Complaint Procedure42

3125F McKinney Vento Homeless Educational Assistance Dispute Resolution

Legal Reference: 42 U.S.C. §§42 U.S.C. § 11301 et seq 11431, et seq.

McKinney Homeless Assistance Act § 20 5 101, MCA Admittance of child to school

Policy History:48 Adopted on: 03/09/2004 Reviewed on: 08/14/2012 Revised on: 10/10/2017, 05/14/19

School District

Office of Public Instruction PO Box 202501 Helena, MT 59620-2501

TelephoneLiaison

Date of first contact by homeless individual, guardian, or representative

Homeless Student’s Name

Describe the issue(s) in question

School District Date(Superintendent/Principal)Contact

Telephone Resolution at Liaison/School District Level (describe below) or Forwarded to OPI Homeless Coordinator [please contact at (406) 444 2036]

(within 7 business days)

Date (within 15 business days)

Resolution at OPI Homeless Coordinator Level (describe below) or Forwarded to Superintendent of Public Instruction

Describe Resolution Results

Homeless Coordinator Signature

This form must be filed with Heather POHomelessDenny,CoordinatorOfficeofPublicInstructionBox202501Helena,MT596202501

Discretionary Nonresident Student Attendance Policy

1. Except as required by § 20 5 321, MCA, the District will admit nonresident students at7 its discretion.

2. The Superintendent will recommend to the Board any nonresident student admission in10 accordance with this policy, with the Board making the final decision on admission.

4. The District will examine a student’s records from this district and other school districts13 before any Board approval for admission. Review of the records and decisions regarding14 admission cannot be inconsistent with district policies regarding nondiscrimination.

6. Every nonresident student who attends District schools must reapply for admission for17 the succeeding school year by June 15. Admission in one school year does not infer or18 guarantee admission in subsequent years.

7. The District will not admit nonresident students when doing so would cause the district21 to exceed the class size standards under 10.55.712 and 10.55.713, ARM.

8. All resident students who become nonresidents because their parents or guardians move24 out of the District may continue attendance for the school year, barring registration in25 another District. At the completion of the school year, a student must apply as a26 nonresident student in accordance with #5.

9. The Board reserves the right to charge tuition for nonresident students. At its discretion,29 the Board may charge or waive tuition for all students whose tuition is required to be paid30 by one kind of entity, defined as either a parent or guardian or a school district. Any31 waiver of tuition will be applied equally to all students whose tuition is paid by the same32 kind of entity (i.e., if the District charges tuition in those circumstances where a resident33 district pays but waives tuition in those circumstances where a parent or guardian is34 responsible for tuition, the tuition waiver will be applicable to all students whose parents35 or guardians bear the responsibility for payment).

10. All nonresident students will be considered ineligible transportees for school38 transportation services (§ 20 10 101, MCA).

12. The Board will not admit any student who is expelled from another school district.

13. Nonresident students enrolled under this policy are subject to all district policies, rules,43 regulations on the same basis as resident students.

Cross Reference: Policy 2161 2161P Special Education3

Policy 3110 Entrance, Placement, and Transfer4

Policy 3125 Education of Homeless Children5

Policy 3210 Equal Education, Nondiscrimination and Sex6 Equity

Legal Reference: § 20 5 314, MCA Reciprocal attendance agreement with adjoining9 state or province10

§ 20 5 320, MCA Attendance with discretionary approval11 § 20 5 321, MCA Attendance with mandatory approval tuition and12 transportation13

§ 20 5 322, MCA Residency determination notification appeal for14 attendance agreement

§ 20 5 323, MCA Tuition and transportation rates16 10.10.301B, ARM Out of District Attendance Agreements17 10.55.712, ARM Class Size Elementary18 10.55.713, ARM Teacher Load and Class Size High School

Policy History:21 Adopted on: 08/23/200122 Reviewed on: 09/24/2010, 08/14/201223 Revised on: 02/08/2007, 03/12/201924

Part Time Attendance

The District will review requests for part time enrollment of students for purposes of academic7 courses on a case by case basis, with a building principal making a preliminary decision8 pursuant to the criteria set forth in this Policy. Denial of part time enrollment may be appealed9 pursuant to policy 1700.

Criteria for accepting students for part time enrollment are the following:

1. Accepting a student will not create excess student enrollment in a requested class;14 2. Accepting a student will not create need for an additional staff member;15 3. Accepting a student will not cause a new section of a course to be created.

The District will accept on a first come, first served basis students wishing to enroll in the same18 course. Whenever the enrollment position of a part time student is needed for a regular, full19 time student during the year, a full time student has priority for the position beginning with the20 next semester.

Participation in District Extracurricular Activities by Unenrolled Children

This policy does not restrict or limit the ability of unenrolled children to seek to participate in25 extracurricular activities in accordance with Policy 3510. The District may secure ANB for26 unenrolled children participating in identified extracurricular activities in accordance with Policy27 3121

Cross References: Policy 3510 School Sponsored Activities30 Policy 3121 Enrollment and Attendance

Legal Reference: § 20 9 311(a), MCA Calculation of average number belonging (ANB)33 3 year averaging34 Chapter 297 2021 General Legislative Session Chapter 269 2021 General Legislative Session

Policy History:39

Adopted on: 11/10/1998 Reviewed on:41 Revised on: 2/11, 8/14/12, 8/17/21

Student Rights and Responsibilities

The District recognizes fully that all students are entitled to enjoy the rights protected under7 federal and state constitutions and law for persons of their age and maturity in a school setting.8 The District expects students to exercise these rights reasonably and to avoid violating the rights9 of others. The District may impose disciplinary measures whenever students violate the rights of10 others or violate District policies or rules.

Cross Reference: 3231 Searches and Seizure15 3310 Student Discipline

Legal Reference: § 20-4-302, MCA Discipline and punishment of pupils definition of18 corporal punishment penalty defense19 § 20 5 201, MCA Duties and sanctions20 Tinker v. Des Moines Ind. Sch. Dist., 89 S.Ct. 733 (1969)

Policy History:23 Adopted on: November 10, 199824 Reviewed on: 08/14/201225 Revised on:26

Equal Education, Nondiscrimination and Sex Equity

The District will make equal educational opportunities available for all students without regard7 to race, color, national origin, ancestry, sex, ethnicity, language barrier, religious belief, physical8 or mental handicap or disability, economic or social condition, actual or potential marital or9 parental status No student will be denied equal access to programs, activities, services, or10 benefits or be limited in the exercise of any right, privilege, or advantage, or denied equal access11 to educational and extracurricular programs and activities.

Inquiries regarding discrimination or intimidation should be directed to the District Title IX14 Coordinator. Any individual may file a complaint alleging violation of this policy, Policy 320015 Student Rights and Responsibilities, Policy 3225 Sexual Harassment/Intimidation of Students, or16 Policy 3226 Bullying/Harassment/Intimidation/Hazing by following those policies or Policy17 1700-Uniform Complaint Procedure.

The District, in compliance with federal regulations, will notify annually all students, parents,20 staff, and community members of this policy and the designated coordinator to receive inquiries.21 This annual notification will include the name and location of the coordinator and will be22 included in all handbooks.

The District will not tolerate hostile or abusive treatment, derogatory remarks, or acts of violence25 against students, staff, or volunteers with disabilities. The District will consider such behavior as26 constituting discrimination on the basis of disability, in violation of state and federal law.

Cross Reference: 1700 Uniform Complaint Procedure29 3200 Student Rights and Responsibilities30 3225 Sexual Harassment/Intimidation of Students31 3226 Bullying/Harassment/Intimidation/Hazing

Legal Reference: Art. X, Sec. 7, Montana Constitution Nondiscrimination in34 education § 49 2 307, MCA Discrimination in education36 24.9.1001, et seq., ARM Sex Discrimination in Education37 Title IX of the Educational Amendments, 20 U.S.C. § 1681, et seq. 34 CFR Part 106 Nondiscrimination on the basis of sex in education programs or activities receiving Federal financial assistance

Policy History:43 Adopted on: Reviewed on:45 Revised on: 01/14/2015, 10/10/17

Student publications produced as part of the school’s curriculum or with the support of student7 body funds are intended to serve both as vehicles for instruction and student communications.8 They are operated and substantively financed by the student body and the District.

Material appearing in such publications should reflect all areas of student interest, including11 topics about which there may be controversy and dissent. Controversial issues may be presented12 provided they are treated in depth and represent a variety of viewpoints. Such materials may not13 be libelous, obscene, or profane nor may they cause a substantial disruption of the school, invade14 the privacy rights of others, demean any race, religion, gender, or ethnic group, or advocate the15 violation of the law. They may not advertise tobacco, nicotine, liquor, illicit drugs or drug16 paraphernalia.

All organizations, must have the approval of the administration before any materials may be19 distributed to Deer Lodge Schools students or posted on District property.

The administration shall develop guidelines to implement these standards and shall establish22 procedures for the prompt review of any materials which appear not to comply with the23 standards.

Policy History:28 Adopted on: November 10, 199829 Reviewed on: 08/14/201230 Revised on:31

Student Dress

The District recognizes that a student’s choice of dress and grooming habits demonstrate7 personal style and preference. The District has the responsibility to ensure proper and appropriate8 conditions for learning, along with protecting the health and safety of its student body. Even9 though the schools will allow a wide variety of clothing styles, dress and grooming must not10 materially or substantially disrupt the educational process of the school or create a health or11 safety hazard for students, staff, or others.

Building administrators shall establish procedures for the monitoring of student dress and14 grooming in school or while engaging in extracurricular activities. Specific regulations shall be15 published annually in student handbooks.

Policy History:20 Adopted on: November 10, 199821 Reviewed on:22 Revised on: 08/14/201223

Sexual Harassment, Sexual Intimidation and Sexual Misconduct

Sexual harassment, sexual intimidation, and sexual misconduct are forms of discrimination and7 are prohibited. An employee, District agent, or student engages in sexual harassment, sexual8 intimidation, and sexual misconduct whenever that individual makes unwelcome advances,9 requests sexual favors, or engages in other verbal, non verbal, electronic or physical contact or10 conduct of a sexual or sex based nature, imposed on the basis of sex, that:

1. Denies, deprives, or limits the provision of educational aid, benefits, services,13 opportunities, or treatment, or that makes such conduct a condition of a student’s14 academic status; or

2 Has the purpose or effect of:

a. Substantially interfering with a student’s educational environment;

b. Creating an intimidating, hostile, or offensive educational environment;

c. Denying, depriving, or limiting the provision of educational aid, benefits,23 services, opportunities, or treatment; or

d. Making submission to or rejection of such unwelcome conduct the basis for26 academic decisions affecting a student.

Sexual harassment, sexual intimidation and sexual misconduct prohibited by this policy includes29 verbal, electronic, or physical contact or conduct. The terms “intimidating,” “hostile,”30 “misconduct,” and “offensive” include conduct that has the effect of humiliation, embarrassment,31 or discomfort. Examples of sexual harassment, sexual intimidation, and sexual misconduct32 include but are not limited to unwelcome or forceful physical touching, crude jokes or pictures,33 discussions of sexual experiences, pressure or requests for sexual activity or favors, intimidation34 by words, actions, insults, or name calling, teasing related to sexual characteristics, and35 spreading rumors related to a person’s alleged sexual activities. The District will evaluate sexual36 harassment, sexual intimidation, and sexual misconduct in light of all circumstances.

Students who believe that they may have been sexually harassed, intimidated, or been subjected39 to sexual misconduct should consult a counselor, teacher, Title IX coordinator, or administrator,40 who will assist them in the complaint process. Supervisors or teachers who knowingly condone41 or fail to report or assist a student to take action to remediate such behavior of sexual harassment,42 intimidation, or misconduct may themselves be subject to discipline. The District will report any suspected child abuse or neglect to proper authorities in accordance with District Policy 5232. The District is authorized to report any violation of this policy to law enforcement that is suspected to be a violation of state or federal criminal laws.

Any District employee who is determined, after an investigation, to have engaged in sexual5 harassment, intimidation, or misconduct will be subject to disciplinary action up to and including6 discharge. Any student of the District who is determined, after an investigation, to have engaged7 in sexual harassment, intimidation, or misconduct will be subject to disciplinary action, including8 but not limited to suspension and expulsion consistent with the District’s discipline policy.

To the greatest extent possible, the District will treat complaints in a confidential manner. The11 District realizes that limited disclosure may be necessary in order to complete a thorough12 investigation. Retaliation against persons who file a complaint is a violation of law prohibiting13 discrimination and will lead to disciplinary action against an offender.

Any individual seeking further information should consult the Superintendent for the name of the16 current Title IX Coordinator for the District. The Superintendent will ensure that student and17 employee handbooks include the name, address, and telephone number of an individual18 responsible for coordinating District compliance efforts.

Any person who knowingly makes a false accusation regarding sexual harassment, intimidation,21 or misconduct likewise will be subject to disciplinary action up to and including discharge with22 regard to employees or suspension and expulsion with regard to students.

Cross Reference: 1700 Uniform Complaint Procedure25 5232 Abused and Neglected Child Reporting2726

Legal References: Art. X, Sec. 1, Montana Constitution Educational goals and duties28 §§ 49 3 101, et seq., MCA Montana Human Rights Act29

Title IX of the Educational Amendments, 20 U.S.C. § 1681, et seq. 34 CFR Part 106 Nondiscrimination on the basis of sex in education programs or activities receiving Federal financial assistance

10.55.701(1)(f), ARM Board of Trustees

10.55.719, ARM Student Protection Procedures 10.55.801(1)(a), ARM School Climate

Policy History:38 Adopted on: 11/10/1998 Reviewed on: 08/14/2012 Revised on: 05/14/2019

Harassment Reporting Form for Students School Date ___________________

Student’s name _________________________________________________________________7 (If you feel uncomfortable leaving your name, you may submit an anonymous report, but8 please understand that an anonymous report will be much more difficult to investigate.9 We assure you that we’ll use our best efforts to keep your report confidential.)

• Who was responsible for the harassment or incident(s)? ______________________________

• Describe the incident(s). ______________________________________________________

• Date(s), time(s), and place(s) the incident(s) occurred. _______________________________

• Were other individuals involved in the incident(s)? c yes c no23 If so, name the individual(s) and explain their roles. ____________________________________

• Did anyone witness the incident(s)? c yes c no29 If so, name the witnesses. ________________________________________________________

• Did you take any action in response to the incident? c yes c no35 If yes, what action did you take? ___________________________________________________

• Were there any prior incidents? c yes c no41 If so, describe any prior incidents. __________________________________________________

Signature of complainant _________________________________________________________

Signatures of parents/legal guardians _______________________________________________

Sexual Harassment Grievance Procedure Students

The Board requires the following grievance process to be followed for the prompt and equitable8 resolution of student complaints alleging any action that would be prohibited as sexual9 harassment by Title IX. The Board directs the process to be published in accordance with all10 statutory and regulatory requirements.

Definitions

The following definitions apply for Title IX policies and procedures:

“Actual knowledge:” notice of sexual harassment or allegations of sexual harassment to the17 District’s Title IX Coordinator or any official of the District who has authority to institute18 corrective measures on behalf of the District, or to any employee of an elementary or secondary19 school.

“Education program or activity:” includes locations, events or circumstances over which the22 District exercised substantial control over both the individual who has been reported to be the23 perpetrator of conduct that could constitute sexual harassment, and the context in which the24 sexual harassment occurs.

“Complainant:” an individual who is alleged to be the victim of conduct that could constitute27 sexual harassment.

“Respondent:” an individual who has been reported to be the perpetrator of conduct that could30 constitute sexual harassment.

“Formal complaint:” a document filed by a Complainant or signed by the Title IX Coordinator33 alleging sexual harassment against a Respondent and requesting that the District investigate the34 allegation of sexual harassment.

“Supportive measures:” non disciplinary, non punitive individualized services offered as appropriate, as reasonably available and without fee or charge to the Complainant or Respondent38 before or after the filing of a formal complaint or where no formal complaint has been filed.

District Requirements

When the District has actual knowledge of sexual harassment in an education program or activity of the District, the District will respond promptly in a manner that is not deliberately indifferent. When the harassment or discrimination on the basis of sex does not meet the definition of sexual harassment, the Title IX Coordinator will direct the individual to the applicable sex

discrimination process, bullying and harassment policy, or public complaint procedure for4 investigation.

The District treats individuals who are alleged to be the victim (Complainant) and perpetrator7 (Respondent) of conduct that could constitute sexual harassment equitably by offering supportive8 measures. Supportive measures are designed to restore or preserve equal access to the District’s9 education program or activity without unreasonably burdening the other party, including10 measures designed to protect the safety of all parties or the District’s educational environment, or11 deter sexual harassment. Supportive measures may include counseling, extensions of deadlines12 or other course related adjustments, modifications of work or class schedules, mutual restrictions13 on contact between the parties, leaves of absence, increased security and monitoring of certain14 areas of the District’s property, campus escort services, changes in work locations and other15 similar measures.

The Title IX Coordinator is responsible for coordinating the effective implementation of18 supportive measures. Upon the receipt of a complaint, the Title IX Coordinator must promptly19 contact the Complainant to discuss the availability of supportive measures, consider the20 Complainant’s wishes with respect to supportive measures, inform the Complainant of the21 availability of supportive measures with or without the filing of a formal complaint, and explain22 to the Complainant the process for filing a formal complaint. If the District does not provide the23 Complainant with supportive measures, then the District must document the reasons why such a24 response was not clearly unreasonable in light of the known circumstances.

Timelines

The District has established reasonably prompt time frames for the conclusion of the grievance29 process, including time frames for filing and resolving appeals and informal resolution processes.30 The grievance process may be temporarily delayed or extended for good cause. Good cause may31 include considerations such as the absence of a party, a party’s advisor, or a witness; concurrent32 law enforcement activity; or the need for language assistance or accommodation of disabilities.33

In the event the grievance process is temporarily delayed for good cause, the District will provide34 written notice to the Complainant and the Respondent of the delay or extension and the reasons35 for the action.

Response to a Formal Complaint

At the time of filing a formal complaint, a Complainant must be participating in or attempting to40 participate in the education program or activity of the District with which the formal complaint is41 filed. A formal complaint may be filed with the Title IX Coordinator in person, by mail, by42 electronic mail, or other means designated by the District.

The District must follow the formal complaint process before the imposition of any disciplinary45 sanctions or other actions that are not supportive measures. However, nothing in this policy46 precludes the District from removing a Respondent from the District’s education program or47

activity on an emergency basis, provided that the District undertakes an individualized safety and4 risk analysis, determines that an immediate threat to the physical health or safety of any student5 or other individual arising from the allegations of sexual harassment justifies removal, and6 provides the Respondent with notice and an opportunity to challenge the decision immediately7 following the removal. A period of removal may include the opportunity for the student to8 continue instruction in an offsite capacity. The District may also place a non student employee9 Respondent on administrative leave during the pendency of the grievance process. This10 provision may not be construed to modify any rights under the Individuals with Disabilities11 Education Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities12 Act.

Upon receipt of a formal complaint, the District must provide written notice to the known parties15 including:

1. Notice of the allegations of sexual harassment, including information about the18 identities of the parties involved in the incident, the conduct allegedly constituting19 sexual harassment, the date and location of the alleged incident, and any sufficient20 details known at the time. Such notice must be provided with sufficient time to21 prepare a response before any initial interview;

2. An explanation of the District’s investigation procedures, including any informal24 resolution process;

3. A statement that the Respondent is presumed not responsible for the alleged27 conduct and that a determination regarding responsibility will be made by the28 decision maker at the conclusion of the investigation;

4. Notice to the parties that they may have an advisor of their choice who may be, but31 is not required to be, an attorney, and may inspect and review any evidence; and

5. Notice to the parties of any provision in the District’s code of conduct or policy that34 prohibits knowingly making false statements or knowingly submitting false35 information.

If, in the course of an investigation, the District decides to investigate allegations about the38 Complainant or Respondent that are not included in the notice initially provided, notice of the39 additional allegations must be provided to known parties.

The District may consolidate formal complaints as to allegations of sexual harassment against42 more than one Respondent, or by more than one Complainant against one or more Respondents,43 or by one party against the other party, where the allegations of sexual harassment arise out of44 the same facts or circumstances.45

Investigation of a Formal Complaint

When investigating a formal complaint and throughout the grievance process, the District must:

1. Ensure that the burden of proof and the burden of gathering evidence sufficient to reach8 a determination regarding responsibility rests on the District and not the parties’;

2. Provide an equal opportunity for the parties to present witnesses and evidence;

3. Not restrict either party’s ability to discuss the allegations under investigation or to13 gather and present relevant evidence;

4. Allow the parties to be accompanied with an advisor of the party’s choice who may be,16 but is not required to be, an attorney. The District may establish restrictions regarding17 the extent to which the advisor may participate in the proceedings, as long as the18 restrictions apply equally to both parties;

5. Provide written notice of the date, time, location, participants, and purpose of any21 interview or meeting at which a party is expected to participate, with sufficient time for22 the party to prepare to participate;

6. Provide the parties equal access to review all the evidence collected which is directly25 related to the allegations raised in a formal complaint and comply with the review26 periods outlined in this process;

7. Objectively evaluate all relevant evidence without relying on sex stereotypes;

8. Ensure that Title IX Coordinators, investigators, decision makers and individuals who31 facilitate an informal resolution process, do not have a conflict of interest or bias for or32 against Complainants or Respondents generally or an individual Complainant or33 Respondent;

9. Not make creditability determinations based on the individual’s status as Complainant,36 Respondent or witness;

10. Not use questions or evidence that constitute or seek disclosure of privileged39 information unless waived.

Dismissal of Formal Complaints

If the conduct alleged in the formal complaint would not constitute sexual harassment even if44 proved, did not occur in the District’s education program or activity, or did not occur against a

person in the United States, then the District must dismiss the formal complaint with regard to4 that conduct for purposes of sexual harassment under this policy.

The Title IX Coordinator also may dismiss the formal complaint or any allegations therein at any7 time during the investigation or hearing, if applicable, when any of the following apply:

1. a Complainant provides written notification to the Title IX Coordinator that the10 Complainant would like to withdraw the formal complaint or any allegations therein;

2. the Respondent is no longer enrolled or employed by the District or;

3. specific circumstances prevent the District from gathering evidence sufficient to reach a15 determination as to the formal complaint or allegations therein.

Upon dismissal, the Title IX Coordinator promptly sends written notice of the dismissal and the18 reasons for dismissal simultaneously to both parties. The grievance process will close in the19 event a notice of dismissal is provided to the parties. Support measures may continue following20 dismissal.

Evidence Review

The District provides both parties an equal opportunity to inspect and review any evidence25 obtained as part of the investigation so that each party can meaningfully respond to the evidence26 prior to the conclusion of the investigation. The evidence provided by the District must include27 evidence that is directly related to the allegations in the formal complaint, evidence upon which28 the District does not intend to rely in reaching a determination regarding responsibility, and any29 inculpatory or exculpatory evidence whether obtained from a party or other source. Prior to30 completion of the investigative report, the Title IX Coordinator must send to each party and the31 party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a32 hard copy. The parties have 10 calendar days to submit a written response to the Title IX33 Coordinator, which the investigator will consider prior to completion of the investigative report.

Investigative Report

The investigator must prepare an investigative report that fairly summarizes relevant evidence38 and send the report to the Title IX Coordinator. The Title IX Coordinator must send to each39 party and the party’s advisor, if any, the investigative report in an electronic format or a hard40 copy, for their review and written response. The parties have 10 calendar days to submit a41 written response to the Title IX Coordinator.

Decision Maker’s Determination

The investigative report is submitted to the decision maker. The decision maker cannot be the same person(s) as the Title IX Coordinator or the investigator. The decision maker cannot hold a

hearing or make a determination regarding responsibility until 10 calendar days from the date the4 Complainant and Respondent receive the investigator’s report.65

Prior to reaching a determination regarding responsibility, the decision maker must afford each7 party the opportunity to submit written, relevant questions that a party wants asked of any party8 or witness, provide each party with the answers, and allow for additional, limited follow up9 questions from each party. Questions and evidence about the Complainant’s sexual10 predisposition or prior sexual behavior are not relevant, unless such questions and evidence11 about the Complainant’s prior sexual behavior are offered to prove that someone other than the12 Respondent committed the conduct alleged by the Complainant, or if the questions and evidence13 concern specific incidents of the Complainant’s prior sexual behavior with respect to the14 Respondent and are offered to prove consent. Questions must be submitted to the Title IX15 Coordinator within three calendar days from the date the Complainant and Respondent receive16 the investigator’s report.

The decision maker must issue a written determination regarding responsibility based on a19 preponderance of the evidence standard. The decision maker’s written determination must:

1. Identify the allegations potentially constituting sexual harassment;

2. Describe the procedural steps taken, including any notifications to the parties,24 interviews with parties and witnesses, site visits, methods used to gather evidence, and25 hearings held;

3. Include the findings of fact supporting the determination;

4. Draw conclusions regarding the application of any District policies and/or code of30 conduct rules to the facts;

5. Address each allegation and a resolution of the complaint including a determination33 regarding responsibility, the rationale therefor, any recommended disciplinary34 sanction(s) imposed on the Respondent, and whether remedies designed to restore or35 preserve access to the educational program or activity will be provided by the District36 to the Complainant and

6. The procedures and permissible bases for the Complainant and/or Respondent to appeal39 the determination.

A copy of the written determination must be provided to both parties simultaneously, and42 generally will be provided within 60 calendar days from the District’s receipt of a formal43 complaint.

The determination regarding responsibility becomes final either on the date that the District4 provides the parties with the written determination of the result of the appeal, if an appeal is5 filed, or if an appeal is not filed, the date on which an appeal would no longer be considered6 timely.

Where a determination of responsibility for sexual harassment has been made against the9 Respondent, the District will provide remedies to the Complainant that are designed to restore or10 preserve equal access to the District’s education program or activity. Such remedies may include11 supportive measures; however, remedies need not be non disciplinary or non punitive and need12 not avoid burdening the Respondent. The Title IX Coordinator is responsible for effective13 implementation of any remedies. Following any determination of responsibility, the District may14 implement disciplinary sanctions in accordance with State or Federal law and or/the negotiated15 agreement. For students, the sanctions may include disciplinary action, up to and including16 permanent exclusion.

Appeals

Either the Complainant or Respondent may appeal the decision maker’s determination regarding21 responsibility or a dismissal of a formal complaint, on the following bases:

1. Procedural irregularity that affected the outcome of the matter;

2. New evidence that was not reasonably available at the time that could affect the26 outcome and

3. The Title IX Coordinator, investigator, or decision maker had a conflict of interest or29 bias for or against Complainants or Respondents generally or an individual30 Complainant or Respondent that affected the outcome

The District also may offer an appeal equally to both parties on additional bases.

The request to appeal must be made in writing to the Title IX Coordinator within seven calendar35 days after the date of the written determination. The appeal decision maker must not have a36 conflict of interest or bias for or against Complainants or Respondents generally or an individual37 Complainant or Respondent and cannot be the Title IX Coordinator, the investigator, or the38 decision maker from the original determination.

The appeal decision maker must notify the other party in writing when an appeal is filed and41 give both parties a reasonable equal opportunity to submit a written statement in support of, or42 challenging, the outcome. After reviewing the evidence, the appeal decision maker must issue a43 written decision describing the result of the appeal and the rationale for the result. The decision44 must be provided to both parties simultaneously, and generally will be provided within 1045 calendar days from the date the appeal is filed.46

Informal Resolution Process

Except when concerning allegations that an employee sexually harassed a student, at any time6 during the formal complaint process and prior to reaching a determination regarding7 responsibility, the District may facilitate an informal resolution process, such as mediation, that8 does not involve a full investigation and determination of responsibility, provided that the9 District:

1. Provides to the parties a written notice disclosing:

A. The allegations;

B. The requirements of the informal resolution process including the circumstances16 under which it precludes the parties from resuming a formal complaint arising17 from the same allegations, provided, however, that at any time prior to agreeing to18 a resolution, any party has the right to withdraw from the informal resolution19 process and resume the Title IX formal complaint process with respect to the20 formal complaint; and

C. Any consequences resulting from participating in the informal resolution process,23 including the records that will be maintained or could be shared.

2. Obtains the parties’ voluntary, written consent to the informal resolution process.

The informal resolution process generally will be completed within 30 calendar days, unless the28 parties and the Title IX Coordinator mutually agree to temporarily delay or extend the process.29 The formal grievance process timelines are stayed during the parties’ participation in the30 informal resolution process. If the parties do not reach resolution through the informal resolution31 process, the parties will resume the formal complaint grievance process, including timelines for32 resolution, at the point they left off.

Recordkeeping

The District must maintain for a period of seven years records of:

1. Each sexual harassment investigation, including any determination regarding39 responsibility, any disciplinary sanctions imposed on the Respondent, and any remedies40 provided to the Complainant designed to restore or preserve equal access to the41 District’s education program or activity;

2. Any appeal and the result therefrom;

3. Any informal resolution and the result therefrom; and46

4. All materials used to train Title IX Coordinators, investigators, decision makers, and4 any person who facilitates an informal resolution process. The District must make5 these training materials publicly available on its website.

The District must create, and maintain for a period of seven years, records of any actions,8 including any supportive measures, taken in response to a report or formal complaint of sexual9 harassment. In each instance, the District must document the basis for its conclusion that its10 response was not deliberately indifferent, and document that it has taken measures designed to11 restore or preserve equal access to the District’s education program or activity.

Cross Reference: Policy 3210 Equal Education, Nondiscrimination and Sex Equity14

Policy 3225 Sexual Harassment15 Policy 3310 Student Discipline

Legal References: Art. X, Sec. 1, Montana Constitution Educational goals and duties18

Section 49 3 101, et seq., MCA, Montana Human Rights Act19

Civil Rights Act, Title VI; 42 USC 2000d et seq.20

Civil Rights Act, Title VII; 42 USC 2000e et seq.21

Education Amendments of 1972, Title IX; 20 USC 1681 et seq.22

Section 20 5 201, MCA, Duties and Sanctions23

Section 20 5 202, MCA, Suspension and Expulsion24

34 CFR Part 106 Nondiscrimination on the basis of sex in25 education programs or activities receiving26 Federal financial assistance27

10.55.701(1)(f), ARM Board of Trustees28 10.55.719, ARM Student Protection Procedures29 10.55.801(1)(a), ARM School Climate

Policy History:32

The Board will strive to provide a positive and productive learning and working environment. Bullying,7 harassment, intimidation, or hazing, by students, staff, or third parties, is strictly prohibited and shall not8 be tolerated.

Definitions

1. “Third parties” include but are not limited to coaches, school volunteers, parents, school visitors,13 service contractors or others engaged in District business, such as employees of businesses or14 organizations participating in cooperative work programs with the District, and others not directly15 subject to District control at inter district and intra District athletic competitions or other school16 events.

2. “District” includes District facilities, District premises, and non District property if the student or19 employee is at any District sponsored, District approved, or District related activity or function,20 such as field trips or athletic events, where students are under the control of the District or where21 the employee is engaged in District business.

3. “Hazing” includes but is not limited to any act that recklessly or intentionally endangers the24 mental or physical health or safety of a student for the purpose of initiation or as a condition or25 precondition of attaining membership in or affiliation with any District sponsored activity or26 grade level attainment, including but not limited to forced consumption of any drink, alcoholic27 beverage, drug, or controlled substance, forced exposure to the elements, forced prolonged28 exclusion from social contact, sleep deprivation, or any other forced activity that could adversely29 affect the mental or physical health or safety of a student; requires, encourages, authorizes, or30 permits another to be subject to wearing or carrying any obscene or physically burdensome31 article, assignment of pranks to be performed, or other such activities intended to degrade or32 humiliate.

4. "Bullying" means any harassment, intimidation, hazing, or threatening, insulting, or demeaning35 gesture or physical contact, including any intentional written, verbal, or electronic communication36 (“cyberbullying”) or threat directed against a student that is persistent, severe, or repeated, and37 that substantially interferes with a student’s educational benefits, opportunities, or performance,38 that takes place on or immediately adjacent to school grounds, at any school sponsored activity,39 on school provided transportation, at any official school bus stop, or anywhere conduct may40 reasonably be considered to be a threat or an attempted intimidation of a student or staff member41 or an interference with school purposes or an educational function, and that has the effect of:42

a. Physically harming a student or damaging a student’s property; b. Knowingly placing a student in reasonable fear of physical harm to the student or damage to the student’s property;

c. Creating a hostile educational environment, or; d. Substantially and materially disrupts the orderly operation of a school.

5. “Electronic communication device” means any mode of electronic communication that4 sends or receives a signal, including but not limited to any personal electronic device,5 computers, cell phones, PDAs, or the internet.

6. “Menacing” includes, but is not limited to, any act intended to place a school employee,8 student, or third party in fear of imminent serious physical injury.

Reporting

All complaints about behavior that may violate this policy shall be promptly investigated. Any13 student, employee, or third party who has knowledge of conduct in violation of this policy or14 feels he/she has been a victim of hazing, harassment, intimidation, or bullying in violation of this15 policy is encouraged to immediately report his/her concerns to the building principal or the16 Superintendent, who have overall responsibility for such investigations. A student may also17 report concerns to a teacher or counselor, who will be responsible for notifying the appropriate18 District official. Complaints against the building principal shall be filed with the Superintendent.19 Complaints against the Superintendent or District Administrator shall be filed with the Board.

The complainant shall be notified of the findings of the investigation and, as appropriate, that22 remedial action has been taken.

Exhaustion of administrative remedies

A person alleging violation of any form of harassment, intimidation, hazing, or threatening,27 insulting, or demeaning gesture or physical contact, including any intentional written, verbal, or28 electronic communication, as stated above, may seek redress under any available law, either civil29 or criminal, after exhausting all administrative remedies.

Responsibilities

The District Administrator shall be responsible for ensuring notice of this policy is provided to34 students, staff, and third parties and for the development of administrative regulations, including35 reporting and investigative procedures, as needed.

Consequences

Students whose behavior is found to be in violation of this policy will be subject to discipline up to and including expulsion. Staff whose behavior is found to be in violation of this policy will be subject to discipline up to and including dismissal. Third parties whose behavior is found to be in violation of this policy shall be subject to appropriate sanctions as determined and imposed by the District Administrator or the Board. Individuals may also be referred to law enforcement officials.

Retaliation and Reprisal

Retaliation is prohibited against any person who reports or is thought to have reported a6 violation, files a complaint, or otherwise participates in an investigation or inquiry. Such7 retaliation shall be considered a serious violation of Board policy, whether or not a complaint is8 substantiated. False charges shall also be regarded as a serious offense and will result in9 disciplinary action or other appropriate sanctions.

Cross Reference: 3225F Harassment Reporting Form for Students

Legal Reference: 10.55.701(2)(f), ARM Board of Trustees14 10.55.719, ARM Student Protection Procedures15 10.55.801(1)(a), ARM School Climate

Policy History:18 Adopted on: October 11, 200819 Reviewed on:20 Revised on: 08/14/2012, 05/13/2014, 09/08/1521

Searches and Seizure

The goal of search and seizure with respect to students is meeting the educational needs of7 children and ensuring their security. The objective of any search and/or seizure is not the8 eradication of crime in the community. Searches may be carried out to recover stolen property,9 to detect illegal substances or weapons, or to uncover any matter reasonably believed to be a10 threat to the maintenance of an orderly educational environment. The Board authorizes school11 authorities to conduct reasonable searches of school property and equipment, as well as of12 students and their personal effects, to maintain order and security in the schools.

The search of a student, by authorized school authorities, is reasonable if it is both: (1) justified15 at its inception, and (2) reasonably related in scope to the circumstances which justified the16 interference in the first place.

School authorities are authorized to utilize any reasonable means of conducting searches,19 including but not limited to the following:

1. A “pat down” of the exterior of the student’s clothing;22

2. A search of the student’s clothing, including pockets;23

3. A search of any container or object used by, belonging to, or otherwise in the possession24 or control of a student; and/or25

4. Devices or tools such as breath test instruments, saliva test strips, etc.

The “pat down” or “search’ of a student, if conducted, will be conducted by a school official or28 employee of the same gender as the student being searched.

School Property and Equipment and Personal Effects of Students

School authorities may inspect and search school property and equipment owned or controlled33 by the District (such as lockers, desks, and parking lots).

The Superintendent may request the assistance of law enforcement officials, including their use36 of specially trained dogs, to conduct inspections and searches of lockers, desks, parking lots, and37 other school property and equipment for illegal drugs, weapons, or other illegal or dangerous38 substances or material.

Students

School officials may search any individual student, his/her property, or District property under his/her control, when there is a reasonable suspicion that the search will uncover evidence that he/she is violating the law, Board policy, administrative regulation, or other rules of the District or the school. Reasonable suspicion shall be based on specific and objective facts that the search

will produce evidence related to the alleged violation. The types of student property that may be4 searched by school officials include but are not limited to lockers, desks, purses, backpacks,5 cellular phones, or other electronic communication devices.

Students may not use, transport, carry, or possess illegal drugs or any weapons on school8 property.

Seizure of Property

When a search produces evidence that a student has violated or is violating either a law or14 District policies or rules, such evidence may be seized and impounded by school authorities and15 disciplinary action may be taken. As appropriate, such evidence may be transferred to law16 enforcement authorities.

Legal Reference: Safford Unified School Dist. No. 1 v. Redding, _____ U.S. _____, 12921 S.Ct. 2633 (2009)22 Terry v. Ohio, 392 U.S. 1, 20 (1968)23 B.C. v. Plumas, (9th Cir. 1999) 192 F.3d 1260

Policy History:26

Adopted on: November 10, 199827 Reviewed on:28 Revised on: 08/14/2012, 01/14/201529

Searches and Seizure

The following rules shall apply to any searches and the seizure of any property by school personnel:87

1. The Superintendent, principal, and the authorized assistants of either shall be authorized to9 conduct any searches or to seize property on or near school premises, as further provided in10 this procedure.

2. If the authorized administrator has reasonable suspicion to believe that any locker, car, or13 other container of any kind on school premises contains any item or substance which14 constitutes an imminent danger to the health and safety of any person or to the property15 of any person or the District, the administrator is authorized to conduct a search of any16 car, locker, or container and to seize any such item or substance of any kind on school17 premises without notice or consent.

3. No student shall hinder, obstruct, or prevent any search authorized by this procedure.21 Disciplinary results may include detention, suspension, or expulsion.

4 Whenever circumstances allow, any search or seizure authorized in this procedure shall be24 conducted in the presence of at least one (1) adult witness, and a written record of the time,25 date, and results shall be made by the administrator. A copy shall be forwarded to the26 Superintendent as soon as possible.

5. In any instance where an item or substance is found which would appear to be in violation of29 the law, the circumstance shall be reported promptly to the appropriate law enforcement30 agency.

Procedure History:34 Promulgated on: 08/14/201235 Reviewed on:36 Revised on: 05/13/201437

Video Surveillance

The Board authorizes the use of video cameras on District property to ensure the health, welfare,7 and safety of all staff, students, and visitors to District property and to safeguard District8 buildings, grounds, and equipment. The Superintendent will approve appropriate locations for9 video cameras.

The Superintendent will notify staff and students, through staff and student handbooks or by12 other means, that video surveillance may occur on District property. A notice will also be posted13 at the main entrance of all District buildings, and on all buses, indicating the use of video14 surveillance.

Any information gathered by the use of video cameras will be treated as confidential17 information. The District may choose to make video recordings a part of a student’s educational18 record or of a staff member’s personnel record. The District will comply with all applicable state19 and federal laws related to record maintenance and retention.

It is the decision of the District that video recordings will include audio. The Superintendent will22 notify staff and students through staff and student handbooks or by other means that video23 surveillance, with audio, may occur on District property. A notice will also be posted at the main24 entrance of all District buildings, and on all buses, in which video/audio surveillance may occur.

Cross Reference: 3600 Student Records

Policy History:31 Adopted on: February 19, 200832 Reviewed on: 08/14/201233 Revised on:34

Suspension and Expulsion Corrective Actions and Punishment

The Board recognizes that every student is entitled to due process rights that are provided by law.

Suspension

• “Suspension” means the exclusion of a student from attending individual classes or school and11 participating in school activities for an initial period not exceed ten (10) school days. An12 administrator may order suspension of a student.

The procedure set forth below will be followed when a proposed punishment of a student is to include15 denial of the right of school attendance from any single class or from a full schedule of classes for at least16 one (1) day.

Before any suspension is ordered, a building administrator will meet with a student to explain charges of19 misconduct, and the student will be given an opportunity to respond to the charges.

When a student’s presence poses a continuing danger to persons or property or poses an ongoing threat of22 disruption to the educational process, a pre suspension conference will not be required, and an23 administrator may suspend a student immediately. In such cases, a building administrator will provide24 notice of and schedule a conference as soon as practicable following the suspension.

A building administrator will report any suspension immediately to a student’s parent or legal guardian.27 An administrator will provide a written report of suspension that states reasons for a suspension,28 including any school rule that was violated, and a notice to a parent or guardian of the right to a review of29 a suspension. An administrator will send a copy of the report and notice to the Superintendent.

The Superintendent will conduct a review of any suspension on request of a parent or legal guardian. A32 student and parent or legal guardian may meet with the Superintendent to discuss suspension. After the33 meeting and after concluding a review, the Superintendent will take such final action as appropriate.

Upon a finding by a school administrator that the immediate return to school by a student would be36 detrimental to the health, welfare, or safety of others or would be disruptive of the educational process, a37 student may be suspended for one (1) additional period not to exceed ten (10) school days, if the student38 is granted an informal hearing with the school administrator prior to the additional suspension, and if the39 decision to impose the additional suspension does not violate the Individuals with Disabilities Education40 Act (IDEA) or Rehabilitation Act.

Students who are suspended from any class or from school are responsible for the work missed. Credit43 may be granted for the makeup work, in the event the student turns in the work within the time set by the44 teacher.

Expulsion

• “Expulsion” is any removal of a student for more than twenty (20) school days without the provision of educational services. Expulsion is a disciplinary action available only to the Board.

The Board, and only the Board, may expel a student from school and may do so only after following due4 process procedures set forth below.65

The Board will provide written notice to a student and parent or legal guardian of a hearing to consider a7 recommendation for expulsion, which will be sent by registered or certified mail at least five (5) school8 days before the date of the scheduled hearing. The notice will include time and place of hearing,9 information describing the process to be used to conduct the hearing, and notice that the Board intends to10 conduct the hearing in closed session unless a parent or legal guardian waives the student’s right to11 privacy.

Within the limitation that a hearing must be conducted during a period of student suspension, a hearing to14 consider expulsion may be rescheduled when a parent or legal guardian submits a request showing good15 cause to the Superintendent at least two (2) school days before a hearing date as originally scheduled.16 The Superintendent will determine if a request shows good cause to reschedule a hearing.

The student has the right to be present for the duration of the hearing. At hearing the student may19 be represented by counsel and ask questions, present perspectives, and provide witnesses or20 documentation. The Board is not bound by formal rules of evidence in conducting the hearing.

Each school shall maintain a record of any disciplinary action that is educationally related, with23 explanation, taken against the student. When the Board of Trustees takes disciplinary action against a24 student, the Board must keep a written record of the action taken, with detailed explanation, even if the25 disciplinary action is decided during a closed session. A disciplinary action that is educationally related is26 an action that results in the expulsion or out of school suspension of the student.

Procedures for Suspension and Expulsion of Students With Disabilities

The District will comply with provisions of the Individuals with Disabilities Education Act (IDEA) and31 Rehabilitation Act when disciplining students. The Board will not expel any special education student32 when the student’s particular act of gross disobedience or misconduct is a manifestation of the student’s33 disability. The Board may expel pursuant to its expulsion procedures any special education student34 whose gross disobedience or misconduct is not a manifestation of the student’s disability. A disabled35 student will continue to receive education services as provided in the IDEA or Rehabilitation Act during a36 period of expulsion.

A a building administrator may suspend a child with a disability from the child’s current placement for39 not more than ten (10) consecutive school days for any violation of school rules, and additional removals40 of not more than ten (10) consecutive school days in that same school year for separate incidents of41 misconduct, as long as those removals do not constitute a change of placement under 34 CFR 300.519(b),42 whether or not a student’s gross disobedience or misconduct is a manifestation of a student’s disabling43 condition. Any special education student who has exceeded or who will exceed ten (10) days of44 suspension may temporarily be excluded from school by court order or by order of a hearing officer, if the45 District demonstrates that maintaining the student in the student’s current placement is substantially likely46 to result in injury to the student or to others. After a child with a disability has been removed from his or47 her placement for more than ten (10) school days in the same school year, during any subsequent days of48 removal the public agency must provide services to the extent required under 34 CFR 300.121(d).

An administrator may remove from current placement any special education student who has carried a5 weapon to school or to a school function or who knowingly possesses or uses illegal drugs or sells or6 solicits the sale of a controlled substance while at school or a school function or inflicts serious bodily7 injury on another person while at school on school premises, or at a school function under the8 jurisdiction. A serious bodily injury is one that involves a substantial risk of death; extreme9 physical pain; protracted and obvious disfigurement; or protracted loss or impairment of the10 function of a bodily member, organ or faculty.. The District will place such student in an appropriate11 interim alternative educational setting for no more than forty five (45) school days in accordance with the12 IDEA or Rehabilitation Act.

Legal Reference: 20 U.S.C. 1400, et seq. Individuals with Disabilities Education Act16

FR 300.519 521 Procedural Safeguards17

§ 20 1 213, MCATransfer of School Records18 § 20 4 302, MCA Discipline and punishment of pupils definition of19 corporal punishment penalty defense20

§ 20 4 402, MCA Duties of district superintendent or county high21 school principal22

§ 20 5 105, MCA Attendance officer powers and duties23 § 20 5 106, MCA Truancy24

§ 20 5 201, MCA Duties and sanctions25 § 20 5 202, MCA Suspension and expulsion26 ARM 10.16.3346 Aversive Treatment Procedures27 ARM 10.55.910 Student Discipline Records28

Goss v. Lopez, 419 US 565 (1975)29 Section 504 IDEA

The Board grants authority to a teacher or principal to hold a student to strict accountability for disorderly7 conduct in school, on the way to or from school, or during intermission or recess.

Disciplinary action may be taken against any student guilty of gross disobedience or misconduct,10 including but not limited to instances set forth below:

• Using, possessing, distributing, purchasing, or selling tobacco products, and alternative nicotine13 and vapor products as defined in 16 11 302, MCA.

• Using, possessing, distributing, purchasing, or selling alcoholic beverages, including powdered15 alcohol. Students who may be under the influence of alcohol will not be permitted to attend16 school functions and will be treated as though they had alcohol in their possession.

• Using, possessing, distributing, purchasing, or selling drug paraphernalia, illegal drugs, controlled18 substances , or any substance which is represented to be or looks like a narcotic drug,19 hallucinogenic drug, amphetamine, barbiturate, marijuana, alcoholic beverage, stimulant,20 depressant, or intoxicant of any kind, including such substances that contain chemicals which21 produce the same effect of illegal substances including but not limited to Spice and K2. Students22 who may be under the influence of such substances will not be permitted to attend school23 functions and will be treated as though they had drugs in their possession.

• Using, possessing, controlling, or transferring a weapon in violation of the “Possession of25 Weapons other than Firearms” section in policy 3311.26

• Using, possessing, controlling, or transferring any object that reasonably could be considered or27 used as a weapon as referred to in policy 3311.28

• Disobeying directives from staff members or school officials or disobeying rules and regulations29 governing student conduct.

• Using violence, force, noise, coercion, threats, intimidation, fear, or other comparable conduct31 toward anyone or urging other students to engage in such conduct.32

• Causing or attempting to cause damage to, or stealing or attempting to steal, school property or33 another person’s property.

• Engaging in any activity that constitutes an interference with school purposes or an educational35 function or any other disruptive activity.

• Unexcused absenteeism. Truancy statutes and Board policy will be utilized for chronic and37 habitual truants.

• Hazing or bullying.

• Forging any signature or making any false entry or attempting to authorize any document used or40 intended to be used in connection with the operation of a school.

These grounds stated above for disciplinary action apply whenever a student’s conduct is reasonably related to school or school activities, including but not limited to the circumstances set fo rth below:

• On, or within sight of, school grounds before, during, or after school hours or at any other time when school is being used by a school group.

• Off school grounds at a school sponsored activity or event or any activity or event that bears a reasonable relationship to school.

• Travel to and from school or a school activity, function, or event.

• Anywhere conduct may reasonably be considered to be a threat or an attempted intimidation of a staff member or an interference with school purposes or an educational function.

Disciplinary Measures

Disciplinary measures include but are not limited to:8

• Expulsion9

• Suspension10

• Detention11

• Clean up duty12

• Loss of student privileges

• Loss of bus privileges

• Notification to juvenile authorities and/or police

• Restitution for damages to school property16 No District employee or person engaged by the District may inflict or cause to be inflicted corporal17 punishment on a student. Corporal punishment does not include reasonable force District personnel are18 permitted to use as needed to maintain safety for other students, school personnel, or other persons or for19 the purpose of self defense.

Delegation of Authority

The Board grants authority to any teacher and to any other school personnel to impose on students under24 their charge any disciplinary measure, other than suspension or expulsion, corporal punishment , or in25 school suspension, that is appropriate and in accordance with policies and rules on student di scipline. The26 Board authorizes teachers to remove students from classrooms for disruptive behavior.

Cross Reference: 3300 Suspension and Expulsion29 3226 Bullying, Harassment30 5015 Bullying, Harassment

Legal Reference: § 16 11 302(1)(7), MCA Definitions33

§ 20 4 302, MCA

Discipline and punishment of pupils definition34 of corporal punishment penalty defense

§ 20 5 202, MCA Suspension and expulsion

§ 45 8 361, MCA Possession or allowing possession of weapon in37 school building exceptions penalties seizure and forfeiture or return authorized definitions

Policy History:47

§ 45 5 637, MCA

Possession or consumption of tobacco products, alternative nicotine products, or vapor products by persons under 18 years of age is prohibited unlawful attempt to purchase penalties 29 U.S.C. § 701 Rehabilitation Act of 1973

Adopted on: November 9, 2010 Reviewed on:49 Revised on: 08/14/2012, 05/13/2014, 09/08/15

Deer Lodge

STUDENTSElementary

Discipline of Students With Disabilities

Code of Conduct Violations by Students With Disabilities, Resulting in Disciplinary Consequences of Ten (10) School Days or Less

Student commits code of conduct violation for which the disciplinary consequence would result in removal from the student’s placement for ten (10) consecutive school days or less.

School personnel may assign the consequence applicable to non disabled students for a similar period of time, not to exceed ten (10) consecutive school days. Reg. 300.520(a)(1)(i).

During the first (1st) ten (10) cumulative school days in one (1) school year, the school does not have to provide any services to the student if non disabled students would not receive services. Reg. 300.121(d)(1).

School personnel may continue to remove the student for disciplinary reasons for up to ten (10) school days at a time throughout the same school year for separate incidents of misconduct, so long as the removals do not constitute a change of placement under Reg. 300.519(b) and are those which would be applied to non disabled students. Reg. 300.520(a)(1)(i).

A series of disciplinary removals, each for ten (10) consecutive school days or less, may result in a change of placement if they cumulate to more than ten (10) school days in one (1) school year.

School personnel should analyze the length of each removal, the proximity of the removals to each other, and the total amount of time the child is removed. Reg. 300.519(b). If a removal would result in a change of placement, a manifestation determination review (MDR) must first be done. Reg. 300.523(a).

Beginning with the eleventh (11th) day of disciplinary removals in a school year, educational services must be provided. Reg. 300.520(a)(1)(ii); Reg. 300.121(d)(2)(i)(A). If the removal does not result in a change of placement, school personnel, in consultation with the student’s special education teacher, determine the services to be provided. Reg. 300.121(d)(3)(i).

The educational services to be provided must meet the standard of enabling the student to appropriately progress in the general curriculum and appropriately advance toward achieving the goals in the IEP. Reg. 300.121(d)(2)(i)(A).

Beginning with the eleventh (11th) day of disciplinary removals in a school year, the IEP Team must address behavioral issues. If the removal does not result in a change of placement, the IEP Team must meet within ten (10) business days of first removing the student for more than ten (10) school days in a school year, to develop a plan to conduct a functional behavioral assessment, if one was not conducted before the behavior that resulted in the removal. Reg. 300.520(b)(1)(i).

After the functional behavioral assessment is completed, the IEP Team meets as soon as practicable to develop a behavioral intervention plan to address the behavior and implement the plan. Reg. 300.520(b)(2).

If the student is assigned subsequent disciplinary removals in a school year for ten (10) days or less that do not result in a change of placement, the IEP Team members (including the parent) informally review the behavior intervention plan and its implementation to determine if modifications are necessary. Reg. 300.520(c)(2).

If the student’s IEP already includes a behavior intervention plan, within ten (10) business days of first removing the student for more than ten (10) school days in a school year, the IEP Team must meet to review the behavior interven tion plan and its implementa tion, and modify the plan and its implementation as necessary to address the behavior. Reg. 300.520(b)(1)(ii).

If one or more team members believe modifications are needed, the IEP Team must meet to modify the plan and its implementation to the extent the IEP Team deems necessary. Reg. 300.520(c)(2).

Student violates code of conduct, and the recommended disciplinary consequence would result in a removal from the current educational placement for more than ten (10) consecutive school days (alternate placement, expulsion). This constitutes a change of placement. Reg. 300.519(a).

The recommended disciplinary consequence may be for a removal from the current educational placement for less than ten (10) consecutive school days, but may constitute a change of placement because the student has already been removed for disciplinary reasons for ten (10) or more school days in the current school year, and the length of each removal, their proximity to each other, and the total amount of time the student has been removed result in a change of placement. Reg. 300.519(b).

Code of Conduct Violations by Students With Disabilities for Which Recommended Disciplinary Consequences Would Result in Change of Placement for More Than Ten (10) School Days (Excluding Drug and Weapon Offenses)

School personnel may remove from current educational placement for ten (10) school days or less (Reg. 300.520(a)(1)(i)) and recommend further discipline according to the code of conduct. (The ten (10) day or less alternative must be one equally applicable to non disabled. See pp. 1 2 for educational services to be provided during a short removal.) If a criminal act has been committed, charges may be filed, and law enforcement authorities to whom the crime was reported must be provided special education and disciplinary records to the extent disclosure is permitted by FERPA. Sec. 1415(k)(9). Reg. 300.529.

At the time the decision is made to take this action, school personnel must notify parent of decision and provide procedural safeguards notice in Reg. 300.504. Sec. 1415(k)(4)(A)(i); Reg. 300.523(a)(1).

Within ten (10) business days, IEP Team and other qualified personnel must meet and review relationship between disability and the behavior subject to disciplinary action (manifestation determination review MDR). Sec. 1415(k)(4)(A); Reg. 300.523(a)(2), (b). If there has been no previous functional behavioral assessment and creation of a behavior intervention plan, the IEP Team must develop an assessment plan. Reg. 300.520(b)(1)(i). As soon as practicable after the assessment, the IEP Team must meet again to develop and implement the behavior intervention plan. Reg. 300.520(b)(2). If the IEP contains a behavior intervention plan, the IEP Team reviews the plan and its implementation and modifies them as necessary to address the behavior. Reg. 300.520(b)(1)(ii).

For the MDR, the IEP Team must look at all information relevant to the behavior subject to discipline, such as evaluation and diagnostic results, including such results and other relevant information from the parent, observation of the student, and the student’s IEP and placement. The misbehavior is not a manifestation of the disability, if the IEP Team finds that in relationship to the misbehavior subject to discipline:

• The IEP and placement were appropriate;

• Consistent with the content of the student’s IEP and placement, special education services, supplementary aids, and behavior intervention strategies were actually provided;

• The disability did not impair the ability of the student to understand the impact and consequences of the misbehavior; and

• The disability did not impair the ability of the student to control the misbehavior. Sec. 1415(k)(4)(C); Reg. 300.523(c).

If the IEP Team determines any of the standards were not met, the misbehavior was a manifestation of the disability, and no punishment may be assessed. Reg. 300.523(d). If IEP Team identified deficiencies in IEP, placement, or implementation, it must take immediate steps to remedy. Reg. 300.523(f).

If the IEP Team determines the misbehavior was not a manifestation of the disability, regular disciplinary consequences may be applied to the student, except that the student must continue to be provided a free appropriate public education. Sec. 1415(k)(5)(A); Sec. 1412 (a)(1)(A); Reg. 300.121(a); Reg. 300.524(a). The campus must ensure that special education and disciplinary records are transmitted for consideration by the school district person making the final determination regarding the disciplinary action. Sec. 1415(k)(5)(B); Reg. 300.524(b).

Parent may appeal a finding that the misbehavior was not a manifestation of the disability. The hearing is expedited before a special education hearing officer, who applies the same standards as the IEP Team. Sec. 1415(k)(6); Reg. 300.525(a), (b).

Parent may appeal decision to place student in forty five (45) day interim placement. The hearing is expedited before a special education hearing officer, who applies the standards regarding a dangerous student in Reg. 300.521. Sec. 1415(k)(6)(B)(ii); Reg. 300.525(b)(2).

When a parent requests a hearing in a drug or weapon case to challenge the interim alternative placement or the manifestation determination, student remains in interim placement until decision of hearing officer or forty five (45) days expires, whichever comes first, unless the parent and school agree otherwise. Reg. 300.526(a). Then student returns to current placement (defined as placement prior to interim alternative educational setting). School can ask for expedited hearing before special education hearing officer to prevent this return, if the student is substantially likely to injure self or others. Reg. 300.526(b), (c). The hearing officer applies the standards in Reg. 300.121. Reg. 300.526(c). Hearing officer can order another placement for up to forty five (45) days. Reg. 300.526(c)(3). This procedure may be repeated as necessary. Sec. 1415(k)(7); Reg. 300.526(c)(4).

The standard the educational services must meet is to enable the child to appropriately progress in the general curriculum and appropriately advance toward achieving the goals in the IEP. Reg. 300.121(d)(2)(i)(B); Reg. 300.524(a). The IEP Team must determine what services are necessary to meet this standard. Reg. 300.121(d)(3)(ii).

Drug and Weapon Offenses by Students With Disabilities

Student carries weapon to school, or possesses, uses, sells, or solicits sale of illegal or controlled substance on school property or at a school function.

Illegal drug controlled substance. Excludes legally used and possessed prescription drugs. Sec. 1415(k)(10)(B); Reg. 300.520(d)(2).

Controlled substance drug or substance in 21 U.S.C. § 812(c), Schedules I V. Sec. 1415(k)(10)(A); Reg. 300.520 (d)(1).

Weapon A firearm and more. Something used for or readily capable of causing death or serious bodily injury. Excludes pocket knife with blade of 2½ inches or less. Sec. 1415(k)(10)(D); Reg. 300.520(d)(3).

School personnel may remove from current educational placement for ten (10) school days or less, and recommend further discipline according to the code of conduct. Sec. 1415(k)(1)(A)(i); Reg. 300.520(a)(1)(i). (The ten (10) day or less alternative must be one equally applicable to non disabled students. See pp. 1 2 for education services to be provided during a short removal.) If a criminal act has been committed, charges may be filed, and special education and disciplinary records will be transmitted to law enforcement authorities to whom the crime was reported, to the extent disclosure is permitted by FERPA. Sec. 1415(k)(9); Reg. 300.529.

The forty five (45) day alterna tive interim placement must:

• Enable student to progress in general curriculum, although in another setting;

At time decision is made to take this disciplinary action, school personnel must notify parent of decision and provide procedural safeguards notice in Reg. 300.504 Sec. 1415(k)(4)(A)(i); Reg. 300.523(a)(1).

Within ten (10) business days, IEP Team must meet and may extend the removal by placing student in appropriate interim alternative educational setting applicable to non disabled student for same amount of time non disabled student would be assigned, but not more than forty five (45) calendar days. Sec. 1415 (k)(1)(A)(ii) and (3)(A); Reg. 300.520(a)(2); Reg. 300.522(a). IEP Team must review the behavior intervention plan, if one exists, and its implementation and modify, as necessary, to address behavior. Reg. 300.520(b)(1)(ii). If there has been no previous functional behavioral assessment and creation of behavior intervention plan, IEP Team must develop assessment plan. Sec. 1415(k)(1)(B); Reg. 300.520(b)(1)(i). As soon as practicable after the assessment, the IEP Team must meet again to develop and implement the behavior intervention plan. Reg. 300.520(b)(2). The IEP Team and other qualified personnel must review the relationship between disability and the behavior subject to disciplinary action (manifestation determination review MDR). Sec. 1415(k)(4)(A); Reg. 300.523 (a)(2)(b).

• Enable student to continue to receive those services and modifications, includ ing those described in the student’s IEP, that will enable the student to meet the goals set out in that IEP; and

• Include services and modifications designed to address the drug or weapon offense so that it does not recur. Sec. 1415(k)(3)(B); Reg. 300.522; Reg. 300.121 (d)(2)(ii).

Comments to regulations:

Students may be subject to multiple forty five (45) day interim placements for separate drug and weapon offenses. The forty five (45) day interim placement may be completed even if drug or weapon offense was manifestation of disability. If misbehavior was not a manifestation of disability, regular disciplinary consequence can be applied in addition to forty five (45) day interim placement.

For the MDR, the IEP Team must look at all information relevant to the behavior subject to discipline, such as evaluation and diagnostic results, including such results and other relevant information from the parent, observation of the student, and the student’s IEP and placement. The misbehavior is not a manifestation of the disability if the IEP Team finds that, in relationship to the misbehavior subject to discipline:

• The IEP and placement were appropriate;

• Consistent with the content of the student’s IEP and placement, special education services, supplementary aids and services, and behavior intervention strategies were actually provided;

• The disability did not impair the ability of student to understand the impact and consequences of the misbehavior; and

• The disability did not impair the ability of the student to control the misbehavior. Sec. 1415(k)(4)(C); Reg. 300.523(c).

Parent may appeal a finding that the misbehavior was not a manifestation of the disability. The hearing is expedited before a special education hearing officer, who applies the same standards as the IEP Team. Sec. 1415(i)(6); Reg. 300.525 (a), (b).

If IEP Team finds no manifestation and changes placement to comply with the disciplinary recommendation, parent may appeal the placement decision. The hearing is expedited before a special education hearing officer. Sec. 1415(k)(6)(A); Reg. 300.525(a)(2).

If the IEP Team determines any of the standards were not met, the misbehavior was a manifestation of the disability, and no punishment may be assessed. Reg. 300.523(d). If IEP Team identifies deficiencies in IEP, placement, or implementation, it must take immediate steps to remedy. Reg. 300.523(f).

If the IEP Team determines the misbehavior was not a manifestation of the disability, regular disciplinary consequences may be applied to the student, except that the student must continue to be provided a free appropriate public education. Sec. 1415(k)(5)(A); Sec. 1412(a)(1)(A). Reg. 300.121(a). Reg. 300.524(a). The campus must ensure that special education and disciplinary record are transmitted for consideration by the school district person making the final determination regarding the disciplinary action. Sec. 1415(k)(5)(B); Reg. 300.524(b).

During appeals, stay put applies. Reg. 300.524(c). If child is substantially likely to injure self or others in the current placement, the school can request an expedited hearing and request the hearing officer to remove to an interim alternative educational place ment for up to forty five (45) days. Standards to be met are those in Sec. 1415(k)(2) and Reg. 300.521. The standard the education services must meet is to enable the child to appropriately progress in the general curriculum and appropriately advance toward achieving the goals in the IEP. Reg. 300.121 (d)(2)(i)(B); Reg. 300.524(a). The IEP Team must determine what services are necessary to meet this standard. Reg. 300.121 (d)(3)(ii).

Students Dangerous to Self or Others

IDEA discipline procedures are followed for a non drug or weapon offense, the penalty for which would result in expulsion or removal from the student’s placement for more than ten (10) school days.

IEP Team meets, determines no manifestation and recommends discipline proceed. Parent disagrees and requests a due process hearing. Stay put applies, and child stays in the current placement, unless school acts to change the placement. Reg. 300.524.

School requests hearing officer to change the placement during the pendency of the hearing because of the likelihood of injury to self or others. Sec. 1415(k)(2); Reg. 300.521.

Hearing officer holds expedited hearing to consider request. School has burden of proof to show by more than a preponderance of the evidence that maintaining the child in the current placement is substantially likely to result in injury to self or others. Sec. 1415(k)(2)(A), (10)(D); Reg. 300.521(a). Hearing officer must also:

• Consider the appropriateness of the current placement.

• Consider whether the school has made reasonable effort to minimize the risk of harm in the current placement, including the use of supplemental aids and services.

• Determine that the interim alternative setting proposed by the school personnel, in consultation with special education teacher:

o Enables the student to participate in the general curriculum, although in another setting;

o Enables the student to continue to receive those services and modifications, including those described in the student’s current IEP, that will enable the student to meet the goals set out in the IEP; and

o Include services and modification designed to address the behavior so that it does not recur.

Sec. 1415(k)(2); Reg. 300.521(b), (c), (d); Reg. 300.522(b); Reg. 300.121(d)(2)(ii)(B).

If parent appeals forty five (45) day interim alternative placement by IEP Team in drug or weapon case, hearing officer applies these standards in expedited hearing. Sec. 1415(k)(6)(B)(ii); Reg. 300.525 (b)(2).

If all requirements are met, hearing officer may order a change of placement to the interim alternative educational setting for up to forty five (45) days. Sec. 1415(k)(2); Reg. 300.521.

Procedure RevisedReviewedPromulgatedHistory:on:on:08/14/2012on:Studentreturnstohisorhercurrent

placement (the placement prior to the interim alternative educational setting) at end of forty five (45) days, if no decision has been issued by hearing officer in pending due process hearing. If school believes it would be dangerous for student to return to current placement while hearing is still pending, school may request another expedited hearing to again place student in forty five (45) day interim placement while hearing continues to be pending. Reg. 300.526(b), (c)(4). Hearing officer holds same type of hearing initially held when hearing officer ordered first forty five (45) day interim placement. Sec. 1415(k)(7); Reg. 300.526. Any subsequent forty five (45) day interim setting must meet the standards in Reg. 300.522.

FIREARMS AND WEAPONS Firearms

For the purposes of the firearms section of this policy, the term “firearm” means (A) any weapon10 (including a starter gun) which will or is designed to or may readily be converted to expel a11 projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any12 firearm muffler or firearm silencer; or (D) any destructive device pursuant to 18 U.S.C. 921 (4).13 Such term does not include an antique firearm pursuant to 18 U.S.C. 921 (16).

It is the policy of the Deer Lodge Elementary School District to comply with the federal Gun16 Free Schools Act of 1994 and state law 20 5 202 (2), MCA, pertaining to students who bring a17 firearm to, or possess a firearm at, any setting that is under the control and supervision of the18 school district. In accordance with 20 5 202 (3), MCA, a teacher, superintendent, or a principal19 shall suspend immediately for good cause a student who is determined to have brought a firearm20 to, or possess a firearm at, any setting that is under the control and supervision of the school21 district. In accordance with Montana law, a student who is determined to have brought a firearm22 to, or possess a firearm at, any setting that is under the control and supervision of the school23 district must be expelled from school for a period of not less than 1 year.

However, the Board of Trustees through this policy authorizes the Superintendent to use his/her26 discretion on a case by case basis and modify the requirement of expulsion of a student if he/she27 deems such modification to be warranted under the circumstances. Note: There is no expulsion28 hearing unless the administration determines that the circumstances warrant a recommendation29 of expulsion of the student for a period of one (1) year to the Board.

A decision to change the placement of a student with a disability who has been expelled pursuant32 to this section must be made in accordance with the Individuals with Disabilities Education Act.

Possession of Weapons other than Firearms

The District does not allow weapons on school property. Any student found to have possessed,36 used or transferred a weapon on school property will be subject to discipline in accordance with37 the District’s discipline policy. For purposes of this section, “weapon” means any object, device,38 or instrument designed as a weapon or through its use is capable of threatening or producing39 bodily harm or which may be used to inflict self injury, including but not limited to air guns;40 pellet guns; BB guns; fake (facsimile) weapons; all knives; blades; clubs; metal knuckles;41 numchucks (also known as nunchucks); throwing stars; explosives; fireworks; mace or other42 propellants; stun guns; ammunition; poisons; chains; arrows; and objects that have been modified to serve as a weapon.

No person shall possess, use, or distribute any object, device, or instrument having the4 appearance of a weapon, and such objects, devices, or instruments shall be treated as weapons,5 including but not limited to weapons listed above which are broken or non functional, look alike6 guns; toy guns; and any object that is a facsimile of a real weapon. No person shall use articles7 designed for other purposes (i.e., lasers or laser pointers, belts, combs, pencils, files, scissors,8 etc.) to inflict bodily harm and/or intimidate, and such use will be treated as the possession and9 use of a weapon.

The District will refer to law enforcement for immediate prosecution any person who possesses,12 carries, or stores a weapon in a school building, and the District may take disciplinary action as13 well in the case of a student. In addition the District will refer for possible prosecution a parent14 or guardian of any minor violating this policy on grounds of allowing a minor to possess, carry,15 or store a weapon in a school building. (45 8 361 (1) (2))

For the purposes of this section only, “school building” means all buildings owned or leased by a18 local school district that are used for instruction or for student activities (45 8 361 (5a)

The Board may grant persons and entities advance permission to possess, carry, or store a21 weapon in a school building. All persons who wish to possess, carry, or store a weapon in a22 school building must request permission of the Board at a regular meeting. The Board has sole23 discretion in deciding whether to allow a person to possess, carry, or store a weapon in a school24 building. (45 8 361 (3b))

This policy does not apply to law enforcement officers acting in his or her official capacity.27 (45 8 361 (3a))2928

The trustees shall annually review this policy and update this policy as determined necessary by30 the trustees based on changing circumstances pertaining to school safety.

Note: Section (g) of the NCLB Section 4141 Gun Free Requirements, carves out a very33 significant exception to the Gun Free Schools Act in that it allows a student to have “a firearm34 that is lawfully stored inside a locked vehicle on school property. . .” Montana law (20 5 202,35 MCA), on the other hand, does not provide for any exception to the expulsion requirement if a36 student has a firearm that is lawfully stored inside a locked vehicle on school property. The only37 reference to federal law in 20 5 202(2), MCA is the federal definition of a firearm. As you well38 know 20 5 202(2), MCA provides that:39

(2) The trustees of a district shall adopt a policy for the expulsion of a student who is40 determined to have brought a firearm, as defined in 18 U.S.C. 921, to school and for referring41 the matter to the appropriate local law enforcement agency. A student who is determined to have brought a firearm to school under this subsection must be expelled from school for a period of not less than 1 year, except that the trustees may authorize the school administration to modify the requirement for expulsion of a student on a case by case basis.

So, Montana schools are required, by state law, to expel a student from school for a period of4 not less than 1 year if it is determined that the student brought a firearm to school, subject to the5 case by case exception noted in the statute. Based upon the exception noted in federal law and6 in circumstances where a student is found to have a firearm on school property in a locked7 vehicle, Montana schools should be citing state law (20 5 202, MCA) and district policy to8 support any recommendation for expulsion.9

There is one significant inconsistency between the Federal Gun Free Schools Act and Montana10 is that under federal law it provides that “State law shall allow the chief administering officer of11 a local educational agency to modify such expulsion requirement for a student on a case by case12 basis if such modification is in writing,” whereas 20 5 202(2), MCA, provides that the trustees13 may authorize the school administration to modify the requirement for expulsion of a student on14 a case by case basis.

Cross Reference: Policy 3310 Student Discipline18 Policy 4332 Conduct of School Property

Legal Reference: § 20 5 202, MCA Suspension and expulsion22

§ 45 8 361, MCA Possession or allowing possession of23 a weapon in a school building24

20 U.S.C. § 7151, et seq. Gun Free Schools Act of 199425 18 U.S.C. § 921 Definitions26 NCLB, Section 4141 Gun Free Requirements

Policy History:29 Adopted on: November 09, 201030 Reviewed on:31 Revised on: 08/14/2012, 10/08/2013

STUDENTS Detention

For minor infractions of school rules or regulations, or for minor misconduct, staff may detain7 students. Students may be required to attend Saturday detention for up to four (4) hours. Bus8 students assigned to report after school will be given at least twenty four (24) hour notice to9 arrange transportation. Students riding the west side bus are not considered bus students.

Preceding the assessment of such punishment, the staff member shall inform the student of the12 nature of the offense charged and/or the specific conduct which allegedly constitutes the13 violation. The student shall be afforded an opportunity to explain or justify his/her actions to the14 staff member. Parents must be notified prior to a student serving an after school detention.

Students detained for corrective action or punishment shall be under the supervision of the staff17 member or designee.

Policy History:22 Adopted on: November 10, 199823 Reviewed on: 08/14/201224 Revised on:25

Extra and Co Curricular Alcohol, Drug, and Tobacco Use

The District views participation in extracurricular activities as an opportunity extended to7 students willing to make a commitment to adhere to the rules which govern them. The District8 believes that participation in organized activities can contribute to all around development of9 young men and women and that implementation of these rules will serve these purposes:

Emphasize concern for the health and well being of students while participating in12 activities;

Provide a chemical free environment which will encourage healthy development;

Diminish chemical use by providing an education assistance program;

Promote a sense of self discipline among students;

Confirm and support existing state laws which prohibit use of mood altering chemicals;

Emphasize standards of conduct for those students who, through their participation, are23 leaders and role models for their peers and younger students; and

Assist students who desire to resist peer pressure that often directs them toward the use of26 chemicals.

Violations of established rules and regulations governing chemical use by participants in extra29 and co curricular activities will result in discipline as stated in student and athletic handbooks.

Legal Reference: § 20 5 201, MCA Duties and sanctions

Policy History:36 Adopted on: November 10, 199837 Reviewed on:38 Revised on: 08/14/201239

Student Health/Physical Screenings/Examinations

The Board may arrange each year for health services to be provided to all students. Such services may include but not be limited to:

1. Development of procedures at each building for isolation and temporary care of students who10 become ill during the school day;

2. Consulting services of a qualified specialist for staff, students, and parents;

3. Vision and hearing screening;

4. Scoliosis screening;

5. Immunization as provided by the Department of Public Health and Human Services.

Parents/guardians will receive written notice of any screening result which indicates a condition that21 might interfere or tend to interfere with a student’s progress.

In general the District will not conduct physical examinations of a student without parental consent to do24 so or by court order, unless the health or safety of the student or others is in question. Further, parents25 will be notified of the specific or approximate dates during the school year when any screening26 administered by the District is conducted, which is:

1. Required as a condition of attendance.

2. Administered by the school and scheduled by the school in advance.

3. Not necessary to protect the immediate health and safety of the student or other students.

Parents or eligible students will be given the opportunity to opt out of the above described screenings.

Students who wish to participate in certain extracurricular activities may be required to submit to a37 physical examination to verify their ability to participate in the activity.

All parents will be notified of requirements of the District’s policy on physical examinations and40 screening of students, at least annually at the beginning of the school year and within a reasonable period41 of time after any substantive change in the policy.

Legal Reference: § 20 3 324(20), MCA Powers and duties

20 U.S.C. 1232h(b) General Provisions Concerning Education

Policy History:47

Adopted on: November 10, 1998

Reviewed on: 08/14/2012 Revised on: February 11, 2003, 05/13/2014

Student Immunization

The Board requires all students to present evidence of their having been immunized against the7 following diseases: varicella, diphtheria, pertussis (whooping cough), poliomyelitis, measles8 (rubeola), mumps, rubella, and tetanus in the manner and with immunizing agents approved by9 the department. Haemophilus influenza type “b” immunization is required for students under10 age five (5). Upon initial enrollment, an immunization status form shall be completed by the11 student’s parent or guardian. The certificate shall be made a part of the student’s permanent12 record.

A student who transfers into the District may photocopy immunization records in the possession15 of the school of origin. The District will accept the photocopy as evidence of immunization.16 Within thirty (30) days after a transferring student ceases attendance at the school of origin, the17 school shall retain a certified copy for the permanent record and send the original immunization18 records for the student to the school district to which the student transfers.

Exemptions from one or more vaccines shall be granted for medical reasons upon certification by21 a licensed or certified health care provider in a manner provided by Section 20 5 405, MCA.22 Exemptions for religious reasons must be filed in a manner provided by Section 20 5 405, MCA23 The statement for an exemption shall be maintained as part of the student’s immunization record24 in accordance with FERPA as specified in Policy 3600P.

All students who are enrolled under an exemption and have a disease listed in this Policy, have27 been exposed to a disease listed in this Policy, or may be exposed to a disease listed in this28 Policy while attending school may be excluded from the school by the local health officer or the29 DPHHS until the excluding authority is satisfied that the student no longer risks contracting or30 transmitting that disease.

The administrator may allow the commencement of attendance in school by a student who has33 not been immunized against each disease listed in Section 20 5 403, MCA, if that student has34 received one or more doses of varicella, polio, measles (rubeola), mumps, rubella, diphtheria,35 pertussis, and tetanus vaccine, except that Haemophilus influenza type “b” vaccine is required36 only for children under 5 years of age.

The District shall exclude a student for noncompliance with the immunization laws and properly39 notify the parent or guardian. The local health department may seek an injunction requiring the40 parent to submit an immunization status form, take action to fully immunize the student, or file41 an exemption for personal or medical reasons.

This policy does not apply to or govern vaccinations against COVID 19. The Board does not44 require immunization against COVID 19 in order to enroll in the District in accordance with45 Montana law. District officials shall not inquire about the COVID 19 vaccination status of46 students, employees, or visitors. District officials shall not make decisions regarding access to

District services for students, employees, or visitors based upon an individual’s COVID 194 vaccination status. Students enrolled in dual credit courses in accordance with District policies5 may be subject to distinct immunization requirements of the applicable post secondary6 institution.87

Legal Reference: § 20 3 324(20), MCA Powers and duties9 § 20 5 402 426, MCA Health10 § 20 5 403, MCA

Immunization required release and11 acceptance of immunization records12

§ 20 5 405, MCA Exemptions13 Chapter 418 2021 General Legislative Session

Policy History:16 Adopted on: 11/10/199817 Reviewed on: 8/14/1218 Revised on: 7/13/2119

Administering Medication to Students

“Medication” means prescribed drugs and medical devices that are controlled by the U.S. Food7 and Drug Administration and are ordered by a healthcare provider. It includes over the counter8 medications prescribed through a standing order by authorized physician or prescribed by the9 student’s healthcare provider.

Except in an emergency situation, only a qualified healthcare professional may administer a drug12 or a prescription drug to a student under this policy. Diagnosis and treatment of illness and the13 prescribing of drugs are never the responsibility of a school employee and should not be14 practiced by any school personnel.

Administering Medication

The Board shall permit administration of medication to students in schools in its jurisdiction. A19 school nurse or other employee who has successfully completed specific training in20 administration of medication, pursuant to written authorization of a physician or dentist and that21 of a parent, an individual who has executed a caretaker relative educational authorization22 affidavit, or guardian, may administer medication to any student in the school or may delegate23 this task pursuant to Montana law.

Emergency Administration of Medication

In the event of an emergency, a school nurse or trained staff member, exempt from the nursing28 license requirement under § 37 8 103(1)(c), MCA, may administer emergency medication to any29 student in need thereof on school grounds, in a school building, at a school function, or on a30 school bus according to a standing order of an authorized physician or a student’s private31 physician. In the event that emergency medication is administered to a student, the school nurse32 or staff member shall call emergency responders and notify the student’s parents/guardians. A33 building administrator or school nurse shall enter any medication to be administered in an34 emergency on an individual student medication record and retain the documentation.

Assisting Students with Self Administration of Medication

A building principal or other school administrator may authorize, in writing, any school employee:

To assist in self administration of any drug that may lawfully be sold over the counter42 without a prescription to a student in compliance with the written instructions and with43 the written consent of a student’s parent or guardian; and

To assist in self administration of a prescription drug to a student in compliance with46

written instructions or standing order of an authorized physician or a student’s private4 physician and with the written consent of a student’s parent or guardian.

A school employee authorized, in writing, assist students with self administration of7 medications, may only rely on the following techniques:98

• Making oral suggestions, prompting, reminding, gesturing, or providing a written guide10 for self-administering medications;11

• Handing to a student a prefilled, labeled medication holder or a labeled unit dose12 container, syringe, or original marked and labeled container from a pharmacy;13

• Opening the lid of a container for a student;14

• Guiding the hand of a student to self-administer a medication;15

• Holding and assisting a student in drinking fluid to assist in the swallowing of oral16 medications; and17

• Assisting with removal of a medication from a container for a student with a physical18 disability that prevents independence in the act.19

• Other guidance or restrictions previously provided in writing to the school by a student’s20 parent, an individual who has executed a caretaker relative educational authorization21 affidavit, or guardian is on file.

Self-Administration or Possession of Asthma, Severe Allergy, or Anaphylaxis Medication

Students with allergies or asthma may be authorized by the building principal or Superintendent,26 in consultation with medical personnel, to possess and self administer emergency medication27 during the school day, during field trips, school sponsored events, or while on a school bus. The28 student shall be authorized to possess and self-administer medication if the following conditions29 have been met:

• A written and signed authorization from the parents, an individual who has executed a32 caretaker relative educational authorization affidavit, or guardians for self administration33 of medication, acknowledging that the District or its employees are not liable for injury34 that results from the student self administering the medication.

• The student shall have the prior written approval of his/her primary healthcare provider.36 The written notice from the student’s primary care provider shall specify the name and37 purpose of the medication, the prescribed dosage, frequency with which it may be administered, and the circumstances that may warrant its use.

• Documentation that the student has demonstrated to the healthcare practitioner and the school nurse, if available, the skill level necessary to use and administer the medication.

• Documentation of a doctor formulated written treatment plan for managing asthma, severe allergies, or anaphylaxis episodes of the student and for medication use by the student during school hours.

Authorization granted to a student to possess and self administer medication shall be valid for

the current school year only and shall be renewed annually. A student’s authorization to possess4 and self administer medication may be limited or revoked by the building principal or other5 administrative personnel.

If provided by the parent, an individual who has executed a caretaker relative educational8 authorization affidavit, or guardian, and in accordance with documentation provided by the9 student’s doctor, backup medication shall be kept at a student’s school in a predetermined10 location or locations to which the student has access in the event of an asthma, severe allergy, or11 anaphylaxis emergency.

Immediately after using epinephrine during school hours, a student shall report to the school14 nurse or other adult at the school who shall provide follow up care, including making a call to15 emergency responders

Self Administration of Other Medication

The District shall permit students who are able to self administer specific medication to do so20 provided that all of the following have occurred:

• A physician, dentist, or other licensed health care provider provides a written order for23 self administration of said medication;24

• Written authorization for self administration of medication from a student’s parent, an25 individual who has executed a caretaker relative educational authorization affidavit, or26 guardian is on file; and27

• A principal and appropriate teachers are informed that a student is self administering28 prescribed medication.

Administration of Glucagons

School employees may voluntarily agree to administer glucagons to a student pursuant to § 20 533 412, MCA, only under the following conditions: (1) the employee may administer glucagon to a34 diabetic student only in an emergency situation; (2)the employee has filed the necessary35 designation and acceptance documentation with the District, as required by § 20 5 412(2), MCA,36 and (3) the employee has filed the necessary written documentation of training with the District,37 as required by § 20 5 412(4), MCA. Designation of staff is to be made by a parent, and individual38 who has executed a caretaker relative authorization affidavit, or guardian of a diabetic student, and39 school employees are under no obligation to agree to designation. Glucagon is to be provided by the40 parent or guardian. All documentation shall be kept on file.

Handling and Storage of Medications

The Board requires that all medications, including those approved for keeping by students for45 self medication, be first delivered by a parent, an individual who has executed a caretaker46

relative educational authorization affidavit, or other responsible adult to a nurse or employee4 assisting with self administration of medication. A nurse or assistant:65

• Shall examine any new medication to ensure it is properly labeled with dates, name of7 student, medication name, dosage, and physician’s name;8

• Shall develop a medication administration plan, if administration is necessary for a9 student, before any medication is given by school personnel;10

• Shall record on the student’s individual medication record the date a medication is11 delivered and the amount of medication received;12

• Shall store medication requiring refrigeration at 36° to 46° F;13

• Shall store prescribed medicinal preparations in a securely locked storage compartment;14 and15

• Shall store controlled substances in a separate compartment, secured and locked at all16 times17

• All non emergency medication shall be kept in a locked, nonportable container, stored in18 its original container with the original prescription label. Epinephrine, naloxone, and19 student emergency medication may be kept in portable containers and transported by the20 school nurse or other authorized school personnel.21

• Food is not allowed to be stored in refrigeration unit with medications.22

• Shall notify the building administrator, school district nurse, and parent or guardian of23 any medication error and document it on the medication administration record.

The District shall permit only a forty-five-(45)-school-day supply of a medication for a student to26 be stored at a school; and all medications, prescription and nonprescription, shall be stored in27 their original containers.

The District shall limit access to all stored medication to those persons authorized to administer30 medications or to assist in the self-administration of medications. The District requires every31 school to maintain a current list of those persons authorized by delegation from a licensed nurse32 to administer medications.

The District may maintain a stock supply of auto injectable epinephrine to be administered by a35 school nurse or other authorized personnel to any student or nonstudent as needed for actual or36 perceived anaphylaxis. If the district intends to obtain an order for emergency use of epinephrine37 in a school setting or at related activities, the district shall adhere to the requirements stated in38 law.

The District may maintain a stock supply of an opioid antagonist to be administered by a school41 nurse or other authorized personnel to any student or nonstudent as needed for an actual or42 perceived opioid overdose. A school that intends to obtain an order for emergency use of an43 opioid antagonist in a school setting or at related activities shall adhere to the requirements in44 law.

Disposal of Medication, Medical Equipment, Personal Protective Equipment

The District requires school personnel either to return to a parent, an individual who has6 executed a caretaker relative educational authorization affidavit, or guardian or, with permission7 of the parent, an individual who has executed a caretaker relative educational authorization8 affidavit, or guardian, to destroy any unused, discontinued, or obsolete medication. A school9 nurse, in the presence of a witness, shall destroy any medicine not repossessed by a parent or10 guardian within a seven (7) day period of notification by school authorities.

Medical sharps shall be disposed of in an approved sharps container. Building administrators13 should contact the school nurse or designated employee when such a container is needed. Sharps14 containers are to be kept in a secure location in the school building. Disposal of sharps container,15 medical equipment, and personal protective equipment is the responsibility of the school nurse or16 designated employee in accordance with the Montana Infectious Waste Management Act and the17 manufacture guidelines specific to the container or equipment

Legal Reference: § 20 5 412, MCA

Definition parent designated adult20 administration of glucagons training21

§ 20 5 420, MCA Self administration or possession of asthma,22 severe allergy, or anaphylaxis medication23

§ 20 5 421, MCA Emergency use of epinephrine in school24 setting25

§ 37-8-103(1)(c), MCA Exemptions limitations on authority26 ARM 24.159.1601, et seq Delegation of Nurse Duties27

§ 20 5 426, MCA Emergency use of an opioid antagonist in28 school setting limit on liability29

§ 75 10 1001, et seq Infectious Waste Management Act30 37.111.812, ARM Safety Requirements31 10.55.701(s), ARM Board of Trustees

Policy History:35 Adopted on:36 Reviewed on:37 Revised on: 8/14/12, 8/17/2138

Montana Authorization to Possess or Self Administer Asthma, Severe Allergy, or Anaphylaxis Medication

For this student to possess or self administer asthma, severe allergy, or anaphylaxis medication while in school, while at a school sponsored activity, while under the supervision of school personnel, before or after normal school activities (such as while in before school or after school care on school operated property), or while in transit to or from school or school sponsored activities, this form must be fully completed by: 1) the prescribing physician/ physician assistant/advanced practice registered nurse, and 2) an authorizing parent, an individual who has executed a caretaker relative educational or medical authorization affidavit, or legal guardian.

Student’s Name:_______________________________ School: Sex: (Please circle) Female/Male City/Town: ___________ Birth Date: _____/_____/_____ School Year: ______ (Must be renewed annually)

Physician’s Authorization:

The above named student has my authorization to carry and self administer the following medication: Medication: (1) Dosage: (1) ___________ ________ (2) ________________________ (2) ___________________ Reason for prescription(s): ____________________________________________________ Medication(s) to be used under the following conditions (times or special circumstances): _____________________

I confirm that this student has been instructed in the proper use of this medication and is able to self administer this medication without school personnel supervision. I have formulated and provided to the parent/guardian or caretaker relative a written treatment plan for managing asthma, severe allergies, or anaphylaxis episodes and for medication use by this student during school hours and school activities.

Signature of Physician/PA/APRN Phone Number Date

Authorization by Parent, an individual who has executed a caretaker relative educational or medical authorization affidavit, or Guardian

As the parent, individual who has executed a caretaker relative educational or medical authorization affidavit, or guardian of the above named student, I confirm that this student has been instructed by his/her health care provider on the proper use of this/these medication(s). He/she has demonstrated to me that he/she understands the proper use of this medication. He/she is physically, mentally, and behaviorally capable to assume this responsibility. He/she has my permission to self medicate as listed above, if needed. If he/she has used epinephrine during school hours, he/she understands the need to alert the school nurse or other adult at the school who will provide follow up care, including making a 9 1 1 emergency call.

I acknowledge that the school district or nonpublic school and its employees and agents are not liable as a result of any injury arising from the self administration of medication by the student, and I indemnify and hold them harmless for such injury, unless the claim is based on an act or omission that is the result of gross negligence, willful and wanton conduct, or an intentional tort.

I agree to work with the school in establishing a plan for use and storage of backup medication. This will include a predetermined location to keep backup medication to which my child has access in the event of an asthma, severe allergy, or anaphylaxis emergency. I have provided the following backup medication:

Parent/Guardianclassroommedicationrelative/com_____________________________________________________________________________________________.__________________Iunderstandthatintheeventthemedicationdosageisaltered,anew“selfadministrationform”mustbepleted,orthehealthcareprovidermayrewritetheorderonhis/herprescriptionpad,andI,theparent/caretakerguardian,willsignthenewformandassuretheneworderisattached.Iunderstanditismyresponsibilitytopickupanyunusedmedicationattheendoftheschoolyear,andthethatisnotpickedupwillbedisposedof.Iauthorizetheschooladministrationtoreleasethisinformationtoappropriateschoolpersonnelandteachers.,CaretakerRelativeSignature:______________________Date:

(Original signed authorization to the school; a copy of the signed authorization to the parent/guardian and health care provider) See, generally, Mont. Code Ann. § 20 5 420.

Communicable Diseases5

Note: For purposes of this policy, the term “communicable disease” refers to the diseases6 identified in 37.114.203, ARM, Reportable Diseases, with the exception of common colds and flu.

In all proceedings related to this policy, the District shall respect a student’s right to privacy. All9 applicable district policies and handbook provision governing confidentiality of student medical10 information remain in full effect.

Although the District is required to provide educational services to all school age children who13 reside within its boundaries, it may deny attendance at school to any child diagnosed as having a14 communicable disease that could make a child’s attendance harmful to the welfare of other15 students. The District also may deny attendance to a child with suppressed immunity in order to16 protect the welfare of that child when others in a school have an infectious disease, which,17 although not normally life threatening, could be life threatening to a child with suppressed18 immunity.

The District shall provide soap and disposable towels or other hand-drying devices shall be21 available at all handwashing sinks. Common use cloth towels are prohibited. Sanitary napkin22 disposal shall be provided for girls of age ten or older and in teachers' toilet rooms and nurses'23 toilet rooms. The District shall provide either sanitary napkin dispensers in the girls', nurses', and24 teachers' toilet rooms or some other readily available on site access to sanitary napkins.

The Board recognizes that communicable diseases that may afflict students range from common27 childhood diseases, acute and short term in nature, to chronic, life threatening diseases such as28 human immunodeficiency virus (HIV) infection. The District shall rely on advice of the public29 health and medical communities in assessing the risk of transmission of various communicable30 diseases to determine how best to protect the health of both students and staff.

The District shall manage common communicable diseases in accordance with DPHHS33 guidelines and communicable diseases control rules. If a student develops symptoms of any34 reportable communicable or infectious illness as defined while at school, the responsible school35 officials shall do the following:

(a) isolate the student immediately from other students or staff; and (b) inform the parent or guardian as soon as possible about the illness and request him or39 her to pick up the student.; and40

(c) consult with a physician, other qualified medical professional, or the local county health authority to determine if report the case should be reported to the local health officer.

Students who express feelings of illness at school may be referred to a school nurse or other responsible person designated by the Board and may be sent home as soon as a parent or person

designated on a student’s emergency medical authorization form has been notified. The District4 may temporarily exclude from onsite school attendance a student who exhibits symptoms of a5 communicable disease that is readily transmitted in a school setting. Offsite instruction will be6 provided during the period of absence in accordance with Policy 2050. The District reserves the7 right to require a statement from a student’s primary care provider authorizing a student’s return8 to onsite instruction.

When information is received by a staff member or a volunteer that a student is afflicted with a11 serious communicable disease, the staff member or volunteer shall promptly notify a school12 nurse or other responsible person designated by the Board to determine appropriate measures to13 be taken to protect student and staff health and safety. A school nurse or other responsible14 person designated by the Board, after consultation with and on advice of public health officials,15 shall determine which additional staff members, if any, have need to know of the affected16 student’s condition.

Only those persons with direct responsibility for the care of a student or for determining19 appropriate educational accommodation shall be informed of the specific nature of a condition, if20 it is determined that such individuals need to know this information.

The District may notify parents of other children attending a school that their children have been23 exposed to a communicable disease without identifying the particular student who has the24 disease.

Healthy Hand Hygiene Behavior

All students, staff, and others present in the any school building shall engage in hand hygiene at29 the following times, which include but are not limited to:30

(a) Arrival to the facility and after breaks31

(b) Before and after preparing, eating, or handling food or drinks32

(c) Before and after administering medication or screening temperature33

(d) After coming in contact with bodily fluid34

(e) After recess35 (f) After handling garbage36 (g) After assisting students with handwashing37 (h) After use of the restroom

Hand hygiene includes but is not limited to washing hands with soap and water for at least 2040 seconds. If hands are not visibly dirty, alcohol based hand sanitizers with at least 60% alcohol41 can be used if soap and water are not readily available.

Staff members shall supervise children when they use hand sanitizer and soap to prevent44 ingestion. Staff members shall place grade level appropriate posters describing handwashing45 steps near sinks.

Legal Reference: 37.114.101, ARM Communicable Disease Control 37.111.825, Health Supervision Maintenance

Policy History:9 Adopted on: 11/10/199810 Reviewed on: 8/14/1211 Revised on: 7/13/2112

Emergency Treatment

The Board recognizes that schools are responsible for providing first aid or emergency treatment7 to a student in case of sudden illness or injury; however, further medical attention is the8 responsibility of a parent or guardian.

The District requires that every parent or guardian provide a telephone number where a parent or11 designee of a parent may be reached in case of an emergency.

When a student is injured, staff will provide immediate care and attention until relieved by a14 superior, a nurse, or a doctor. The District will employ its normal procedures to address medical15 emergencies without regard to the existence of a do not resuscitate (DNR) request. A principal16 or designated staff member will call a parent or parental designee so that the parent may arrange17 for care or treatment of an injured student.

When a student develops symptoms of illness while at school, a responsible school official will20 do the following:

Isolate the student from other children to a room or area segregated for that purpose;

Inform a parent or guardian as soon as possible about the illness and request the parent or25 guardian to pick up the child; and

Report each case of suspected communicable disease the same day by telephone to a28 local health authority or as soon as possible thereafter if a health authority cannot be29 reached the same day.

When a parent or guardian cannot be reached, and it is the judgment of a principal or other32 person in charge that immediate medical attention is required, an injured student may be taken33 directly to a hospital. Once located, a parent or a guardian is responsible for continuing34 treatment or for making other arrangements.

Policy History:41

Adopted on: November 10, 1998 Reviewed on:43 Revised on: 08/14/2012, 05/13/2014

Removal of Student During School Day

The Board recognizes its responsibility for the proper care of students during a school day. In7 accordance with District procedures, only a duly authorized person may remove a student from8 school grounds, any school building, or school function during a school day. A person seeking9 to remove a student from school must present evidence satisfactory to the administrator of10 having proper authority to remove the student. A teacher should not excuse a student from class11 to confer with anyone, unless a request is approved by the administrator. The administrator will12 establish procedures for removal of a student during a school day.

Policy History:17

Adopted on: November 10, 199818

Reviewed on: 08/14/201219 Revised on:20

Removal of Student During School Day

Schools must exercise a high order of responsibility for the care of students while in school. The7 removal of a student during the school day may be authorized in accordance with the following8 procedures:

1. Law enforcement officers, upon proper identification, may remove a student from school11 as provided in Policies 4410 and 4411.

2. Any other agencies must have a written administrative or court order directing the14 District to give custody to them. However, employees of the Department of Public Health15 and Human Services may take custody of a student under provisions of § 41 3 301,16 MCA, without a court order. Proper identification is required before the student shall be17 released.

3. A student shall be released to the custodial parent. When in doubt as to custodial rights,20 school enrollment records must be relied upon, as the parents (or guardians) have the21 burden of furnishing schools with accurate, up to date information.

4. The school should always check with the custodial parent before releasing the student to24 a non custodial parent.

5. Prior written authorization from the custodial parent or guardian is required before27 releasing a student into someone else’s custody, unless an emergency situation justifies a28 waiver.

6. Police should be called if a visitor becomes disruptive or abusive.

Cross Reference: 4410 Relations With the Law Enforcement and Child Protective35 Agencies36 4411 Investigations and Arrests by Police

Procedure History:39 Promulgated on: November 10, 199840 Reviewed on: 08/14/201241 Revised on:42

School Sponsored Student Activities

1. Student Organizations:

a. All curricular student clubs or organizations must be approved by the9 administration. Secret or clandestine organizations or groups will not be10 permitted.

b. Bylaws and rules of curricular student clubs or organizations must not be contrary12 to Board policy or to administrative rules and regulations.

c. Procedures in curricular student clubs or organizations must follow generally14 accepted democratic practices in the acceptance of members and nomination and15 election of officers.

d. Student led and initiated non curricular student groups may meet at school in17 accordance with District Policy without the sponsorship of the School District

2. Social Events

a. Social events must have prior approval of the administration.22 b. Social events must be held in school facilities unless approved by the Board.23

c. Social events must be chaperoned at all times.24

d. Attendance at high school social events and dances shall be limited to high school25 students, and middle school social events shall be limited to middle school26 students, unless prior permission is received from the principal.

3. Extracurricular Activities

a. Academic and behavior eligibility rules are established by MHSA rules and31 District policy.32

b. Any student convicted of a criminal offense may, at the discretion of school33 officials, become ineligible for such a period of time as the school officials may34 decide.

c. In establishing an interscholastic program, the Board directs the administration to:36

i. Open all sports to all students enrolled in the District, with an equal37 opportunity for participation.

ii Open all sports to residents of the school district and who is at least 5 years of age and not more than 19 on or before September 10 of the year40 in which participation in extracurricular activities is sought by such child in accordance with the provisions of this policy

iii. Recommend sports activities based on interest inventories completed by43 the students.

4. Participation in District Extracurricular Activities by Unenrolled Children

a. Any child identified in Section 3.c.ii of this policy who is attending a nonpublic or home6 school meeting the requirements of section 20 5 109:7

i. Is eligible to seek to participate in any extracurricular activity of the District that8 is offered to pupils of the district who are of the same age.9

ii. Is subject to the same standards for participation as those required of full time10 pupils enrolled in the school and the same rules of any interscholastic11 organization of which the school of participation is a member as specified in12 Section 3 a and 3 b of this policy and any related student or activity handbook13 provisions.14

iii. Will be assessed for purposes of placement, team formation and cuts using the15 same criteria as used for full time pupils enrolled in the District.16

b. In cases where there is more than one school serving the same age group within District17 boundaries, a child under Section 4 of this policy shall be subject to the same school zone18 rules applicable to full time pupils of the District. Participation for one school for one19 sport and another school for another sport is prohibited.20

c. The academic eligibility for extracurricular participation for a student attending a21 nonpublic school as specified under Section 4 a ii of this policy shall be attested by the22 head administrator of the nonpublic school. No further verification shall be required.23

d. The academic eligibility for extracurricular participation for a student attending a home24 school as specified under Section 4.a.ii shall be attested in writing by the educator25 providing the student instruction with verification by the school principal for the school26 of participation. The verification may not include any form of student assessment.27

e. Students participating in extracurricular activities under Section 4 of this policy may be28 considered part time enrollees for purposes of ANB in accordance with Policy 3150,29 3121, and 3121P.

5. Designation of Athletic Teams

Unless otherwise prohibited by Policy 3210 or federal law, District sponsored athletic teams or35 sports designated for females, women, or girls may not be open to students who are biologically36 of the male sex. District sponsored athletic teams or events may be designated as one of the37 following based on biological sex in accordance with applicable MHSA rules, this Policy,38 federal law, Policy 3210, or the provisions of Section 6 of Chapter 405 (2021):

a. males, men, or boys;41 b. females, women, or girls; or42 c. coed or mixed.

This section of this Policy is void 21 days after the date the United States Secretary of Education45 files a written report with the proper committees of the United States House of Representatives46

and the United States Senate as required by 34 CFR 100.8(c) due to the enforcement of Chapter4 405 (2021).65

Cross Reference:

Policy 3150 Part Time Attendance7

Policy 3121 3121P Enrollment and Attendance8

Policy 3233 Student use of Buildings Equal Access9 Policy 3550 Student Clubs10

Policy 2332 Religion and Religious Activities11

Policy 3222 Distribution and Posting Materials12

Policy 3233 Student Use of Buildings Equal Access13

Policy 4331 Use of School Property for Posting Notices

Legal Reference: Chapter 297 2021 General Legislative Session16

Chapter 269 2021 General Legislative Session17

Chapter 405 2021 General Legislative Session18

34 CFR 100.8(c) Procedure for Effecting Compliance19 Bostock v. Clayton County Georgia, 140 S.Ct. 1731 (2020)

Policy History:22 Adopted on: 8/17/2123 Reviewed on:24 Revised on:25

Student Fees, Fines, and Charges

Within the concept of free public education, the District will provide an educational program for students7 as free of costs as possible.98

The Board may charge a student a reasonable fee for any course or activity not reasonably related to a10 recognized academic and educational goal of the District or for any course or activity taking place outside11 normal school functions. The Board may waive fees in cases of financial hardship.

The Board delegates authority to the Superintendent to establish appropriate fees and procedures14 governing collection of fees and asks the Superintendent to make annual reports to the Board regarding15 fee schedules. The Board also may require fees for actual cost of breakage and for excessive supplies16 used in commercial, industrial arts, music, domestic science, science, or agriculture courses.

The District holds a student responsible for the cost of replacing materials or property that are lost or19 damaged because of negligence. A building administrator will notify a student and parent regarding the20 nature of violation or damage, how restitution may be made, and how an appeal may be instituted. The21 District may withhold a student’s grades or diploma until restitution is made. The District may not refuse22 to transfer files because a student owes fines or fees.

A school district may withhold the grades, diploma, or transcripts of a pupil who is responsible for the25 cost of school materials or the loss or damage of school property until the pupil or the pupil's parent or26 guardian satisfies the obligation.

A school district that decides to withhold a pupil's grades, diploma, or transcripts from the pupil and the29 pupil's parent or guardian pursuant to subsection shall:30 (i) upon receiving notice that the pupil has transferred to another school district in the state,31 notify the pupil's parent or guardian in writing that the school district to which the pupil has transferred32 will be requested to withhold the pupil's grades, diploma, or transcripts until any obligation has been33 satisfied;34

(ii) forward appropriate grades or transcripts to the school to which the pupil has transferred;35 (iii) at the same time, notify the school district of any financial obligation of the pupil and36 request the withholding of the pupil's grades, diploma, or transcripts until any obligations are met;37 (iv) when the pupil or the pupil's parent or guardian satisfies the obligation, inform the school38 district to which the pupil has transferred;

A student or parent may appeal the imposition of a charge for damages to the Superintendent and to the41 Board.

Legal reference: § 20 1 213 (3), MCA Transfer of school records

§ 20 5 201(4), MCA Duties and sanctions

§ 20 7 601, MCA Free textbook provisions

§ 20 9 214, MCA Fees

Policy History:48 Adopted on: November 10, 1998 Reviewed on: 08/14/2012 Revised on: 05/13/2014

Student Fund Raising Activities

The Board acknowledges that the solicitations of funds from students, staff, and citizens must be7 limited since students are a captive audience and since solicitation can disrupt the program of the8 schools. Solicitation and collection of money by students for any purpose, including the9 collection of money by students in exchange for tickets, papers, magazine subscriptions, or for10 any other goods or services for the benefit of an approved school organization, may be permitted11 by the Superintendent, providing that the instructional program is not adversely affected.

Policy History:16 Adopted on: November 10, 199817 Reviewed on: 08/14/201218 Revised on:19

Distribution of Profit and Non Profit Literature through Students

The Board acknowledges that the solicitations of funds from students, staff, and citizens must be7 limited since students are a captive audience and since solicitation can disrupt the program of the8 schools.

Any promotional literature to be sent home with students must be approved by the Building11 Principal or the Superintendent if the Principal is unavailable. All solicitation of products and12 services must meet the criteria of educational benefit and student learning or promote student13 health enhancement. Examples of this promotional literature would include book fairs, classes14 offered outside the school day, as well as athletic and exercise programs. The organization that15 is providing the product or service must supply all copies of literature or pay the district 10 cents16 a copy.

Cross Reference: 4320 Contact With Students

Policy History:23 Adopted on: November 10, 199824 Reviewed on: 08/14/201225 Revised on: November, 201126

School student records are confidential, and information from them will not be released other7 than as provided by law. State and federal laws grant students and parents certain rights,8 including the right to inspect, copy, and challenge school records.

The District will ensure information contained in student records is current, accurate, clear, and11 relevant. All information maintained concerning a student receiving special education services12 will be directly related to the provision of services to that child. The District may release13 directory information as permitted by law, but parents will have the right to object to release of14 information regarding their child. Military recruiters and institutions of higher education may15 request and receive the names, addresses, and telephone numbers of all high school students,16 unless the parent(s) notifies the school not to release this information.

The Superintendent will implement this policy and state and federal law with administrative19 procedures. The Superintendent or designee will inform staff members of this policy and inform20 students and their parents of it, as well as of their rights regarding student school records.

Legal Reference: Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g; 34 C.F.R.25 9926 § 20-5-201, MCA Duties and sanctions27 § 40 4 225, MCA Access to records by parent28 10.55.909, ARM Student Records29 No Child Left Behind Act of 2001, P.L. 107 334

Policy History:32 Adopted on: November 10, 199833 Reviewed on: 08/14/201234 Revised on: January 14, 200335

Notification to Parents and Students of Rights Concerning a Student’s School Records

This notification may be distributed by any means likely to reach the parent(s)/guardian(s).

The District will maintain two (2) sets of school records for each student: a permanent record and a cumulative record. The permanent record will include:

Basic identifying information

Academic work completed (transcripts)

Level of achievement (grades, standardized achievement tests)

Immunization records (per § 20 5 506, MCA)

Attendance record

Record of any disciplinary action taken against the student, which is educationally related

The cumulative record may include:

Intelligence and aptitude scores23

Psychological reports24

Participation in extracurricular activities25 Honors and awards26

Teacher anecdotal records27

Verified reports or information from non educational persons28

Verified information of clear relevance to the student’s education29 Information pertaining to release of this record30 Disciplinary information

The Family Educational Rights and Privacy Act (FERPA) affords parents/guardians and students33 over eighteen (18) years of age (“eligible students”) certain rights with respect to the student’s34 education records. They are:

1. The right to inspect and copy the student’s education records, within a reasonable37 time from the day the District receives a request for access.

“Eligible” students, who are eighteen (18) years of age or older, have the right to inspect and copy their permanent record. Parents/guardians or “eligible” students should submit to the school principal (or appropriate school official) a written request identifying the record(s) they wish to inspect. The principal will make, within forty five (45) days, arrangements for access and notify the parent(s)/ guardian(s) or eligible student of the time and place the records may be inspected. No one will be denied their right to copies of their records for inability to pay this cost. The District will provide one free copy of

the students’ record.

The rights contained in this section are denied to any person against whom an order of6 protection has been entered concerning a student.

2. The right to request amendment of the student’s education records which the9 parent(s)/guardian(s) or eligible student believes are inaccurate, misleading,10 irrelevant, or improper.

Parents/guardians or eligible students may ask the District to amend a record they believe13 is inaccurate, misleading, irrelevant, or improper. They should write the school principal14 or records custodian, clearly identifying the part of the record they want changed, and15 specify the reason.

If the District decides not to amend the record as requested by the parent(s)/guardian(s) or18 eligible student, the District will notify the parent(s)/guardian(s) or eligible student of the19 decision and advise him or her of their right to a hearing regarding the request for20 amendment. Additional information regarding the hearing procedures will be provided to21 the parent(s)/guardian(s) or eligible student when notified of the right to a hearing.

3. The right to permit disclosure of personally identifiable information contained in24 the student’s education records, except to the extent that FERPA or state law25 authorizes disclosure without consent.

Disclosure is permitted without consent to school officials with legitimate educational or28 administrative interests. A school official is a person employed by the District as an29 administrator, supervisor, instructor, or support staff member (including health or30 medical staff and law enforcement unit personnel); a person serving on the Board; a31 person or company with whom the District has contracted to perform a special task (such32 as contractors, attorneys, auditors, consultants, or therapists); volunteers; other outside33 parties to whom an educational agency or institution has outsourced institutional services34 or functions that it would otherwise use employees to perform; or a parent(s)/guardian(s)35 or student serving on an official committee, such as a disciplinary or grievance36 committee, or assisting another school official in performing his or her tasks.

A school official has a legitimate educational interest, if the official needs to review an39 education record in order to fulfill his or her professional responsibility.

Upon request, the District discloses education records, without consent, to officials of another school district in which a student has enrolled or intends to enroll, as well as to any person as specifically required by state or federal law. Before information is released to individuals described in this paragraph, the parent(s)/guardian(s) will receive written notice of the nature and substance of the information and an opportunity to

inspect, copy, and challenge such records. The right to challenge school student records4 does not apply to: (1) academic grades of their child, and (2) references to expulsions or5 out of school suspensions, if the challenge is made at the time the student’s school6 student records are forwarded to another school to which the student is transferring.

Disclosure is also permitted without consent to: any person for research, statistical9 reporting, or planning, provided that no student or parent(s)/guardian(s) can be identified;10 any person named in a court order; and appropriate persons if the knowledge of such11 information is necessary to protect the health or safety of the student or other persons.

4. The right to a copy of any school student record proposed to be destroyed or14 deleted.

5. The right to prohibit the release of directory information concerning the parent’s/17 guardian’s child.

Throughout the school year, the District may release directory information regarding20 students, limited to:

Student’s name23

Address24

Parents’/guardians names and addresses

Gender26

Photograph (including electronic version)

Date and place of birth

Dates of attendance29

Grade level30

Participation in officially recognized activities and sports31

Weight and height of members of athletic teams32

Honors and awards received33

Most recent educational agency or institution attended

Any parent(s)/guardian(s) or eligible student may prohibit the release of any or all of the36 above information by delivering written objection to the building principal within ten37 (10) days of the date of this notice. No directory information will be released within this time period, unless the parent(s)/guardian(s) or eligible student are specifically informed otherwise. When a student transfers, leaves the District, or graduates, the school must continue to honor a decision to opt out, unless the parent or student rescinds the decision.

A parent or student 18 years of age or an emancipated student, may not opt out of directory information to prevent the district from disclosing or requiring a student to disclose their name [identifier, institutional email address in a class in which the student

is enrolled] or from requiring a student to disclose a student ID card or badge that4 exhibits information that has been properly designated directory information by the5 district in this policy.

6. The right to request that information not be released to military recruiters and/or8 institutions of higher education.

Pursuant to federal law, the District is required to release the names, addresses, and11 telephone numbers of all high school students to military recruiters and institutions of12 higher education upon request.

Parent(s)/guardian(s) or eligible students may request that the District not release this15 information, and the District will comply with the request.

7. The right to file a complaint with the U.S. Department of Education, concerning18 alleged failures by the District to comply with the requirements of FERPA.

The name and address of the office that administers FERPA is:

Family Policy Compliance Office23 U.S. Department of Education24 400 Maryland Avenue, SW25 Washington, DC 20202 460526

Student Directory Information Notification

Please sign and return this form to the school within ten (10) days of the receipt of this form ONLY if you do not want directory information about your child disclosed to third parties in accordance with the Family Educational Rights and Privacy Act (FERPA). If we receive no response by that date, we will disclose all student directory information at our discretion and/or in compliance with law.

Date Dear Parent/Eligible Student:

This document informs you of your right to direct the District to withhold the release of student directory information for _______________________________________________.

Student’s Name

Following is a list of items this District considers student directory information

Student’s name

Parents/guardiansAddress names and addresses

Participation in officially recognized activities

Gender and sports Photograph (including electronic version) Weight and height of members of athletic teams

Date and place of birth

Honors and awards received

Most recent educational agency or institution Grade level attended

Dates of attendance

NOTE: If a student’s name, grade level, or photograph is to be withheld, the student will not be included in the school’s yearbook, program events, or other such publications.

Parent/Eligible Student’s Signature Date

Maintenance of School Student Records

The District maintains two (2) sets of school records for each student a permanent record and a9 cumulative record.

The permanent record will include:

Basic identifying information14

Academic work completed (transcripts)

Level of achievement (grades, standardized achievement tests)16

Immunization records (per § 20-5-506, MCA)

Attendance record18

Statewide student identifier assigned by the Office of Public Instruction

Each student’s permanent file, as defined by the board of public education, must be permanently kept in a21 secure location.

The cumulative record may include:

Intelligence and aptitude scores26

Psychological reports27

Participation in extracurricular activities28

Honors and awards29

Teacher anecdotal records30

Verified reports or information from non educational persons31

Verified information of clear relevance to the student’s education32 Information pertaining to release of this record33

Disciplinary information34

Camera footage only for those students directly involved in the incident

Information in the permanent record will indicate authorship and date and will be maintained in37 perpetuity for every student who has been enrolled in the District. Cumulative records will be maintained38 for eight (8) years after the student graduates or permanently leaves the District. Cumulative records39 which may be of continued assistance to a student with disabilities, who graduates or permanently40 withdraws from the District, may, after five (5) years, be transferred to the parents or to the student if the41 student has succeeded to the rights of the parents.

The building principal will be responsible for maintenance, retention, or destruction of a student’s permanent or cumulative records, in accordance with District procedure established by the45 Superintendent.

Access to Student Records

The District will grant access to student records as follows:

1. The District or any District employee will not release, disclose, or grant access to information4 found in any student record except under the conditions set forth in this document.65

2. The parents of a student under eighteen (18) years of age will be entitled to inspect and copy7 information in the child’s school records. Such requests will be made in writing and directed to8 the records custodian. A parent of any student is allowed to view the footage but is not permitted9 to receive a copy unless the parents of the other involved students provide consent. Consent from10 parents of students in the background is not required. Access to the records will be granted11 within fifteen (15) days of the District’s receipt of such request.

Where the parents are divorced or separated, both will be permitted to inspect and copy the14 student’s school records, unless a court order indicates otherwise. The District will send copies15 of the following to both parents at either one’s request, unless a court order indicates otherwise:

a. Academic progress reports or records;18 b. Health reports;19

c. Notices of parent teacher conferences;20

d. School calendars distributed to parents/guardians; and21

e. Notices about open houses and other major school events, including student parent22 interaction.

Once a student reaches 18 years of age or attends a postsecondary institution, all rights formerly25 given to parents under FERPA transfer to the student.

Access will not be granted to the parent or the student to confidential letters and28 recommendations concerning admission to a post secondary educational institution, applications29 for employment, or receipt of an honor or award, if the student has waived his or her right of30 access after being advised of his or her right to obtain the names of all persons making such31 confidential letters or statements.

3. The District may grant access to or release information from student records without prior written34 consent to school officials with a legitimate educational interest in the information. A school35 official is a person employed by the District in an administrative, supervisory, academic, or36 support staff position (including, but not limited to administrators, teachers, counselors,37 paraprofessionals, coaches, and bus drivers ), and the board of trustees. A school official may38 also include a volunteer or contractor not employed by the District but who performs an39 educational service or function for which the District would otherwise use its own employees and40 who is under the direct control of the District with respect to the use and maintenance of41 personally identifying information from education records, or such other third parties under42 contract with the District to provide professional services related to the District’s educational mission, including, but not limited to, attorneys and auditors. A school official has a legitimate educational interest in student education information when the official needs the information in order to fulfill his or her professional responsibilities for the District. Access by school officials to student education information will be restricted to that portion of a student’s records necessary for the school official to perform or accomplish their official or professional duties.

4. The District may grant access to or release information from student records without parental4 consent or notification to any person, for the purpose of research, statistical reporting, or5 planning, provided that no student or parent can be identified from the information released, and6 the person to whom the information is released signs an affidavit agreeing to comply with all7 applicable statutes and rules pertaining to school student records.

5. The District may grant release of a child’s education records to child welfare agencies without the10 prior written consent of the parents.

6 The District will grant access to or release information from a student’s records pursuant to a14 court order, provided that the parent will be given prompt written notice, upon receipt of such15 order, of its terms, the nature and substance of the information proposed to be released, and an16 opportunity to inspect and copy such records and to challenge their contents.

7. The District will grant access to or release information from any student record, as specifically19 required by federal or state statute.

8. The District will grant access to or release information from student records to any person22 possessing a written, dated consent, signed by the parent or eligible student, with particularity as23 to whom the records may be released, the information or record to be released, and reason for the24 release. One (1) copy of the consent form will be kept in the records, and one (1) copy will be25 mailed to the parent or eligible student by the Superintendent. Whenever the District requests26 consent to release certain records, the records custodian will inform the parent or eligible student27 of the right to limit such consent to specific portions of information in the records.

9. The District may release student records to the superintendent or an official with similar30 responsibilities in a school in which the student has enrolled or intends to enroll, upon written31 request from such official. School officials may also include those listed in #3 above.

10. Prior to release of any records or information under items 5, 6, 7, and 8, above, the District will34 provide prompt written notice to the parents or eligible student of this intended action. This35 notification will include a statement concerning the nature and substance of the records to be36 released and the right to inspect, copy, and challenge the contents.

11 The District may release student records or information in connection with an emergency, without39 parental consent, if the knowledge of such information is necessary to protect the health or safety40 of the student or other persons. The records custodian will make this decision, taking into41 consideration the nature of the emergency, the seriousness of the threat to the health and safety of42 the student or other persons, the need for such records to meet the emergency, and whether the43 persons to whom such records are released are in a position to deal with the emergency. The44 District will notify the parents or eligible student, as soon as possible, of the information released, date of the release, the person, agency, or organization to whom the release was made, and the purpose of the release.

12. The District may disclose, without parental consent, student records or information to the youth49 court and law enforcement authorities, pertaining to violations of the Montana Youth Court Act50 or criminal laws by the student.

13 The District will comply with an ex parte order requiring it to permit the U.S. Attorney4 General or designee to have access to a student’s school records without notice to or consent of5 the student’s parent(s)/guardian(s).

14 The District charges a nominal fee for copying information in the student’s records. No parent or8 student will be precluded from copying information because of financial hardship.

15 A record of all releases of information from student records (including all instances of access11 granted, whether or not records were copied) will be kept and maintained as part of such records.12 This record will be maintained for the life of the student record and will be accessible only to the13 parent or eligible student, records custodian, or other person. The record of release will include:

a. Information released or made accessible.16 b. Name and signature of the records custodian.17

c. Name and position of the person obtaining the release or access.18 d. Date of release or grant of access.19

e. Copy of any consent to such release.

Directory Information

The District may release certain directory information regarding students, except that parents may24 prohibit such a release. Directory information will be limited to:

Student’s name27

Address28

Parents’/guardians names and addresses29

Gender30

Photograph (including electronic version)31

Date and place of birth32

Dates of attendance33

Grade level34

Participation in officially recognized activities and sports35

Weight and height of members of athletic teams36

Honors and awards received37

Most recent educational agency or institution attended

The notification to parents and students concerning school records will inform them of their right to40 object to the release of directory information.

Student Record Challenges

The District shall give a parent or eligible student, on request, an opportunity for a hearing to challenge content of the student’s education records on the grounds that the information contained in the education46 records is inaccurate, misleading, or in violation of the privacy rights of the student.

The hearing required by 34 C.F.R. 99.21 must meet, at a minimum, the following requirements:4

• The District shall hold the hearing within a reasonable time after it has received the request for5 the hearing from the parent or eligible student.6

• The District shall give the parent or eligible student notice of the date, time, and place, reasonably7 in advance of the hearing.8

• The hearing may be conducted by any individual including an official of the District who does9 not have direct interest in the outcome of the hearing.10

• The District shall make its decision in writing within a reasonable amount of time after the11 hearing.12

• The decision must be based solely on the evidence presented at the hearing, and must include a13 summary of the evidence and the reasons for the decision.

The parent or eligible student has:

• The right to present evidence and to call witnesses;18

• The right to cross examine witnesses;19

• The right to counsel;20

• The right to a written statement of any decision and the reasons therefor;

The parents may insert a written statement of reasonable length describing their position on disputed23 information. The school will maintain the statement with the contested part of the record for as long as24 the record is maintained and will disclose the statement whenever it discloses the portion of the record to25 which the statement relates.

Legal Reference: Family Education Rights and Privacy Act, 20 U.S.C. § 1232g (2011); 34 C.F.R.30 99 (2011)31

§ 20 5 201, MCA Duties and sanctions

§ 40 4 225, MCA Access to records by parent

§ 41 5 215, MCA Youth court and department records notification of34 school

10.55.909, ARM Student records

Procedure History:38

Promulgated on: October 12, 1999 Reviewed on: 08/14/201240 Revised on: March 9, 2004, November, 2010, 10/09/12, 05/13/2014, 04/14/1541

Transfer of Student Records

The District will forward by mail or by electronic means a certified copy of a permanent or7 cumulative file of any student and a file of special education records of any student to a local8 educational agency or accredited school in which a student seeks to or intends to enroll within9 five (5) working days after receipt of a written or electronic request. The files to be forwarded10 must include education records in a permanent file that is, name and address of a student, name11 of parent or legal guardian, date of birth, academic work completed, level of achievement12 (grades, standardized tests), immunization records, special education records, and any13 disciplinary actions taken against a student that are educationally related.

When the District cannot transfer records within five (5) days, the District will notify a requestor,16 in writing or electronically, and will provide reasons why the District is unable to comply with a17 five-(5)-day time period. The District also will include in that notice the date by which requested18 records will be transferred. The District will not refuse to transfer records because a student owes19 fines or fees.

Cross Reference: 3413 Student Immunization24 3600 3600P Student Records25 3606F Records Certification

Legal Reference: § 20 1 213, MCA Transfer of school records

Policy History:30 Adopted on: November 10, 199831 Reviewed on: 08/14/201232 Revised on:33

Receipt of Confidential Records

Pursuant to Montana law, the District may receive case records of the Department of Public7 Health and Human Services and its local affiliate, the county welfare department, the county8 attorney, and the court concerning actions taken and all records concerning reports of child abuse9 and neglect. The District will keep these records confidential as required by law and will not10 include them in a student’s permanent file.

The Board authorizes the individuals listed below to receive information with respect to a13 District student who is a client of the Department of Public Health and Human Services:

• Superintendent16 Principal17 Counselor18

• Classroom Teacher

When the District receives information pursuant to law, the Superintendent will prevent21 unauthorized dissemination of that information.

Cross Reference: 3600 3600P Student Records

Legal Reference: § 41 3 205, MCA Confidentiality disclosure exceptions

Policy History:30 Adopted on: November 10, 199831 Reviewed on: 08/14/201232 Revised on:33

The Board is committed to ensuring a safe and orderly environment, where learning and teaching7 may occur void of physical or psychological disruptions, unlawful acts, or violations of school8 regulations. Gang activities create an atmosphere of intimidation in the entire school community.9 Both the immediate consequences of gang activity and the secondary effects are disruptive and10 obstructive to the process of education and school activities. Groups of individuals which meet11 the definition of gangs, defined below, shall be restricted from school grounds or school12 activities.

A gang is defined as any group of two (2) or more persons, whether formal or informal, who15 associate together to advocate, conspire, or commit:

A. One or more criminal acts; or1918

B. Acts which threaten the safety or well being of property or persons, including but not20 limited to harassment and intimidation.

Students on school property or at any school sponsored activity shall not:

1. Wear, possess, use, distribute, or sell any clothing, jewelry, emblem, badge, symbol, sign,25 or other items which are evidence of membership in or affiliation with any gang and/or26 representative of any gang;

2. Engage in any act, whether verbal or nonverbal, including gestures or handshakes,29 showing membership in or affiliation with any gang and/or that is representative of any30 gang; or

3. Engage in any act furthering the interest of any gang or gang activity, including but not33 limited to:

a. Soliciting membership in or affiliation with any gang;

b. Soliciting any person to pay for protection or threatening another person,38 explicitly or implicitly, with violence or with any other illegal or prohibited act;

c. Painting, writing, or otherwise inscribing gang related graffiti, messages,41 symbols, or signs on school property;

d. Engaging in violence, extortion, or any other illegal act or other violation of school property.

Violations of this policy shall result in disciplinary action, up to and including suspension,4 expulsion, and/or notification of police.

Policy History:9

Adopted on: November 10, 199810 Reviewed on: 08/14/201211 Revised on:12

Introduction

Deer Lodge Schools recognizes that access to technology in school gives students greater9 opportunities to learn, engage, communicate, and develop skills that will prepare them for work,10 life, and citizenship. We are committed to helping students develop 21st century technology and11 communication skills.

The district shall provide age appropriate instruction to students regarding appropriate online14 behavior. Such instruction shall include, but not be limited to: positive interactions with others15 online, including on social networking sites and in chat rooms; proper online social etiquette;16 protection from online predators and personal safety; and how to recognize and respond to17 cyberbullying and other threats.

To that end, we will provide access to technologies for student and staff use.

This policy outlines the guidelines and behaviors that users are expected to follow when using22 technologies or when using personally owned devices on the school campus.

Ø The Deer Lodge Schools network is intended for educational purposes.25

Ø All activity over the network or using district technologies may be monitored and26 retained.27

Ø Access to online content via the network may be restricted in accordance with our28 policies and federal regulations, such as the Children’s Internet Protection Act (CIPA).29

Ø Students are expected to follow the same rules for good behavior and respectful conduct30 online as offline.

Ø Misuse of school resources can result in disciplinary action.32

Ø Deer Lodge Schools makes a reasonable effort to ensure students’ safety and security33 online, but will not be held accountable for any harm or damages that result from use of34 school technologies.

Ø Users of the district network or other technologies are expected to alert IT staff36 immediately of any concerns for safety or security.

Technologies Covered

Deer Lodge Schools may provide internet access, desktop computers, mobile computers or41 devices, videoconferencing capabilities, online collaboration capabilities, message boards, email,42 and more.

As new technologies emerge, Deer Lodge Schools will attempt to provide access to them. The45 policies outlined in this document are intended to cover all available technologies, not just those46

specifically listed.

Usage Policies

All technologies provided by the district are intended for education purposes. All users are8 expected to use good judgment and to follow the specifics of this document as well as the spirit9 of it: be safe, appropriate, careful and kind; don’t try to get around technology protection10 measures; use good common sense; and ask if you don’t know.

Web Access

Deer Lodge Schools provides its users with access to the internet, including web sites, resources,15 content, and online tools. That access will be restricted in compliance with CIPA regulations16 and school policies. Web browsing may be monitored and web activity records may be retained17 indefinitely.

Users are expected to respect that the web filter is a safety precaution, and should not try to20 circumvent it when browsing the Web. If a site is blocked and a user believes it shouldn’t be, the21 user should follow district protocol to alert an IT staff member or submit the sire for review.

Email

Deer Lodge Schools may provide users with email accounts for the purpose of school related26 communication. Availability and sue may be restricted based on school policies.

If users are provided with email accounts, they should be used with care. Users should not send29 personal information; should not attempt to open files or follow links from unknown or untrusted30 origin; should use appropriate language; and should only communicate with other people as31 allowed by the district policy or the teacher.

Users are expected to communicate with the same appropriate, safe, mindful, courteous conduct34 online as offline. Email usage may be monitored and archived.

Social/Web 2.o/Collaborative Content

Recognizing the benefits collaboration brings to education, Deer Lodge Schools may provide users with access to web sites or tools that allow communication, collaboration, sharing, and messaging among users.

Users are expected to communicate with the same appropriate, safe, mindful, courteous conduct online as offline. Posts, chats, sharing, and messaging may be monitored. Users should be careful not to share personally identifying information online.

Mobile Devices Policy

Deer Lodge Schools may provide users with mobile computers or other devices to promote learning outside of the classroom. Users should abide by the same acceptable use policies when7 using school devices off the school network as on the school network.

Users are expected to treat these devices with extreme care and caution; these are expensive10 devices that the school is entrusting to your care. Users should report any loss, damage, or11 malfunction to IT staff immediately. Users may be financially accountable for any damage12 resulting from negligence or misuse.

Use of school issued mobile devices off the school network may be monitored.

Personally Owned Devices Policy

Students should keep personally owned devices (including laptops, tablets, smart phones, and19 cell phones) turned off and put away during school hours unless in the event of an emergency20 or as instructed by a teacher or staff for educational purposes.

Because of security concerns, when personally owned mobile devices are used on campus, they23 should not be used over the school network without express permission from IT staff. In some24 cases a separate network may be provided for personally owned devices.

Security

Users are expected to take reasonable safeguards against the transmission of security threats over29 the school network. This includes not opening or distributing infected files or programs and not30 opening files or programs of unknown or un trusted origin.

If you believe a computer or mobile device you are using might be infected with a virus, please33 alert IT. Do not attempt to remove the virus yourself or download any programs to help remove34 the virus.

Downloads

Users should not download or attempt to download or run .exe programs over the school network39 or onto school resources without express permission from IT staff.

You may be able to download other file types, such as images or videos. For the security of our42 network, download such files only from reputable sites, and only for education purposes.

Netiquette

Users should always use the Internet, network resources, and online sites in a courteous and respectful manner.

Users should also recognize that among the valuable content online is unverified, incorrect, or9 inappropriate content. Users should use trusted resources when conducting research via the10 Internet.

Users should also remember not to post anything online that they wouldn’t want parents, teachers, or future colleges or employers to see. Once something is online, it’s out there and14 can sometimes be shared and spread in ways you never intended.

Plagiarism

Users should not plagiarize (or use as their own, without siting the original creator) content,19 including words or images, from the Internet. Users should not take credit for things they didn’t20 create themselves, or misrepresent themselves as an author or creator of something found online.21 Research conducted via the Internet should be appropriately cited, giving credit to the original22 author.

Personal Safety

Users should never share personal information, including phone number, address, social security27 number, birthday, or financial information, over the Internet without adult permission. Users28 should recognize that communicating over the Internet brings anonymity and associated risks,29 and should carefully safeguard the personal information of themselves and others. Users should30 never agree to meet someone they meet online in real life without parental permission.

If you see a message, comment, image, or anything else online that makes you concerned for33 your personal safety, bring it to the attention of an adult (teacher or staff if you are at school;34 parent if you are using the device at home) immediately.

Cyberbullying

Cyberbulling will not be tolerated. Harassing, dissing, flaming, denigrating, impersonating, outing, tricking, excluding, and cyberstalking are all examples of cyberbullying. Don’t be mean. Don’t send emails or post comments with the intent of scaring, hurting, or intimidating someone else.

Engaging in these behaviors, or any online activities intended to harm (physically or emotionally) another person, will result in severe disciplinary action and loss of privileges. In some cases, cyberbullying can be a crime. Remember that your activities are monitored and

retained.

Examples of Acceptable Use

I will:

Ø Use school technologies for school related activities.

Ø Follow the same guidelines for respectful, responsible behavior online that I am expected11 to follow offline.

Ø Treat school resources carefully, and alert staff if there is any problem with their operation.

Ø Encourage positive, constructive discussion if allowed to use communicative or collaborative technologies.

Ø Alert a teacher or other staff member if I see threatening, inappropriate, or harmful content (images, messages, posts) online.

Ø Use school technologies at appropriate times, in approved places, for educational pursuits.

Ø Cite sources when using online sites and resources or research.

Ø Recognize that use of school technologies is a privilege and treat it as such.

Ø Be cautious to protect the safety of myself and others.

Ø Help to protect the security of school resources.

This is not intended to be an exhaustive list. Users should use their own good judgment when26 using school technologies.

Examples of Unacceptable Use

I will not:

Ø Use school technologies in a way that could be personally or physically harmful.

Ø Attempt to find inappropriate images or content.

Ø Engage in cyberbullying, harassment, or disrespectful conduct towards others.

Ø Try to find ways to circumvent the school’s safety measures and filtering tools.

Ø Use school technologies to send spam or chain mail.

Ø Plagiarize content I find online.

Ø Post personally identifying information, about myself or others.

Ø Agree to meet someone I meet online in real life.

Ø Use language online that would be unacceptable in the classroom.

Ø Use school technologies for illegal activities or to pursue information on such activities.

Ø Attempt to hack or access sites, servers, or content that isn’t intended for my use.

This is not intended to be an exhaustive list. Users should use their own good judgment when using school technologies.

Limitation of Liability

Deer Lodge Schools will not be responsible for damage or harm to persons, files, data, or hardware.

While Deer Lodge employs filtering and other safety and secure mechanisms, and attempts to9 ensure their proper function, it makes no guarantee as to their effectiveness.

Deer Lodge Schools will not be responsible, financially or otherwise, for unauthorized transactions conducted over the school network.

Violations of this Acceptable Use Policy

Violations of this policy may have disciplinary repercussions,

• Suspension of network, technology, computer privileges Notification to

• Detention or suspension from school and school related activities Legal action prosecution

I have read and understood this Acceptable Use Policy and agree to abide by it: (Student Printed Name) (Student Signature) (Date)

I have read and discussed this Acceptable Use Policy with my child: Printed Name) Signature) (Date)

Policy History:42 Adopted on:43 Reviewed on: Revised on: 08/14/2012

Cell Phones and Other Electronic Equipment

Students may not use cellular phones, pagers, and other electronic signaling devices on campus8 at any time. Building level administrators may grant permission for individual students to use9 and/ or possess cellular phones, if, in the sole discretion of the administrator, such use is10 necessary to the safety and/or welfare of the student.

Policy History:15 Adopted on: 08/14/201216 Reviewed on:17 Revised on:18

Deer Lodge Elementary

After School Program Lines)

Program6

Deer Lodge Schools offers their students an after school program four (4) days a week, Monday7 Thursday, during the school year. This program is called Life Lines and will be referred to as Life Lines8 in this document. Life Lines if funded through a federal grant provided by 21st Century Organization.9 Life Lines employs a coordinator that runs the daily operations and a director who oversees the program10 as a whole. Life Lines also have 2 3 teachers as well as an aide if needed. The purpose of Life Lines is to11 provide our students with an extension of the classroom for learning as well as a safe place for them after12 school. The coordinator is Michelle Warner, the director is Superintendent Rodney Simpson and the13 contact secretary is Karen Despain at O.D. Spear. At the beginning of each new school year there will be14 a “back to afterschool night” so teachers and parents may get acquainted and we can share our15 expectations.

Registration18

A parent or guardian must completely fill out a Life Lines registration form for each enrolled student. A19 complete registration form includes contact numbers, days that child will attend, as well as first and last20 name and relation of person(s) allowed to sign the child out of Life Lines at the end of the day. Students21 must be registered by a parent or guardian before they may attend Life Lines.

• Students must be enrolled in Deer Lodge schools to attend Life Lines.

• Students will only be allowed to attend days that they indicated on the registration form unless25 they make arrangements with the Coordinator.

• Students will only be signed out by the person(s) identified on the registration form with the27 teacher for that day completing the necessary sign out paperwork.

• Students cannot attend Life Lines if they are not in school that day, unless there are special29 arrangements made with the coordinator or O.D. Speer secretary. Students cannot be dropped off30 at Life Lines unless arrangements have been made beforehand with the coordinator.31

• Students need to be respectful and follow the same rules as they would during school.

Daily Procedures

• K 2 students will go to the O.D. Speer library when they are dismissed from their classroom, at35 the end of the regular school day.

• Teacher will take role at this time and check with secretary about any absent students.

• Life Lines teacher will walk K 2 students to the snack area.

• 3 8 students will go to snack area and roll will be taken there.

• All students will meet in Granville Stuart lunch room for snack.

• Upon finishing snack, all students will be supervised by the teacher walking down to the Life Lines room at the Central Park Center.

• Students will attend the age appropriate class until dismissal time.

• Upon dismissal time, children will be signed out by parent or authorized person(s) on registration form.

Policy History:

Adopted on: 12/10/2013

Reviewed on: Revised on:

DEER SCHOOL DISTRICT

4000 COMMUNITYSERIESRELATIONSTABLEOFCONTENTS

4000 Goals

R 4120

Public Relations 4301 Visitors to Schools

R 4310 Public Complaints and Suggestions 4313 Disruption of School Operations 4315 Visitor and Spectator Conduct

R 4316 Accommodating Individuals with Disabilities 4320 Contact with Students 4321 Distribution of Fund Drive Literature through Students

R 4330 Community Use of School Facilities

4330P Rules and Regulations for Building Use 4330F Facilities Use Agreement

4331

Use of School Property for Posting Notices

4332 Conduct on School Property

4340 Public Access to District Records

4410 Relations with Law Enforcement and Child Protective Agencies 4411 Interrogations and Investigations Conducted by School Officials 4520 Cooperative Programs with Other Districts and Public Agencies 4550 Registered Sex Offenders

The Board, through the leadership of the Superintendent and with the assistance of the total staff,7 will seek to enhance the District’s community relations by striving to achieve the following8 goals:109

1. To encourage and enhance communications, understanding, trust, and mutual support11 between the District and the people it serves;

2. To increase both the quality and quantity of public participation in school affairs,14 activities, and programs;

3. To strengthen and improve relations and interactions among staff, trustees, citizens,17 parents, and students;

4. To promote understanding and cooperation between the schools and community groups.

Legal Reference: 10.55.701, ARM Board of Trustees24 10.55.801, ARM School Climate2625

Policy History:27 Adopted on: 12/08/199828 Reviewed on: 08/14/201229 Revised on:30

The District will strive to maintain effective two way communications with the public to enable7 the Board and staff to interpret schools’ needs to the community and provide a means for citizens8 to express their needs and expectations to the Board and staff.

The Superintendent will establish and maintain a communication process within the school11 system and between it and the community. Such public information program will provide for12 news releases at appropriate times, arrange for media coverage of District programs and events,13 provide for regular direct communications between individual schools and the citizens they14 serve, and assist staff in improving their skills and understanding in communicating with the15 public.

The District may solicit community opinion through parent organizations, parent-teacher18 conferences, open houses, and other events or activities which may bring staff and citizens19 together.

Legal Reference: Art. II, Sec. 8, Montana Constitution Right of participation24 Art. II, Sec. 9, Montana Constitution Right to know

Policy History:27 Adopted on: 12/08/199828 Reviewed on:29 Revised on: 08/14/201230

Visitors to Schools

The District welcomes visits by parents and citizens to all District buildings. All visitors shall7 report to the school building office on entering any District building and comply with any other8 applicable school safety and security policy, procedure or protocol. School visitors shall not9 interfere with school operations or delivery of educational services to students. Conferences10 with teachers should be held outside school hours or during the teacher’s conference or11 preparation time.

Policy History:15 Adopted on: 12/08/199816 Reviewed on: 08/14/201217 Revised on: 11/09/16, 05/14/1918

Public Complaints and Suggestions

The Board is interested in receiving valid complaints and suggestions. Public complaints and7 suggestions shall be submitted by the Uniform Complaint Procedure to the appropriate level staff8 member or District administrator. Each complaint or suggestion shall be considered on its merits.

Unless otherwise indicated in these policies or otherwise provided for by law, no appeal may be11 taken from any decision of the Board.

Cross Reference: 1700 Uniform Complaint Procedure

Policy History:18 Adopted on: 12/08/199819 Reviewed on: 08/14/201220 Revised on:21

Disruption of School Operations

The staff member in charge will immediately notify local law enforcement authorities, if any7 person disrupts or obstructs any school program, activity, or meeting or threatens to do so, or8 commits, threatens to imminently commit, or incites another to commit any act that will disturb9 or interfere with or obstruct any lawful task, function, process, or procedure of any student,10 official, employee, or invitee of the District.

The staff member in charge will make a written report detailing the incident no later than twenty-13 four (24) hours after the incident occurs. A copy of the report will be given to the staff member’s14 immediate supervisor.

Cross Reference: 4301 Visitors to Schools

Legal Reference: § 20 1 206, MCA Disturbance of school penalty21 § 20 5 201, MCA Duties and sanctions22 § 45 8 101, MCA Disorderly conduct

Policy History:25 Adopted on: 12/08/199826 Reviewed on: 08/14/201227 Revised on:28

Visitor and Spectator Conduct

Any person, including an adult, who behaves in an unsportsmanlike or inappropriate manner7 during a visit to the school or a school event may be ejected from the event and/or denied8 permission to access school buildings or property or school events as determined by the Board of9 Trustees. Examples of unsportsmanlike or inappropriate conduct include but are not limited to:

• Using vulgar or obscene language or gestures;12

• Possessing or being under the influence of any alcoholic beverage;13

• Possessing or consuming any illegal substance or marijuana;14

• Possessing a weapon or firearm in violation of Policy 4332;15

• Fighting or otherwise striking or threatening another person;16

• Failing to obey instructions of a security officer or District employee; and17

• Engaging in any illegal or disruptive activity.18

• Other violations of District Policy.

The Superintendent is authorized to temporarily restrict access to school buildings or property21 and recommend to the Board of Trustees denial of future admission to any person by delivering22 or mailing a notice by certified mail with return receipt requested, containing:

1. Date, time, and place of a Board hearing;25

2. Description of the unsportsmanlike conduct; and26

3. Proposed time period admission to school buildings or property or school events will be27 denied.

Cross Reference: 4301 Visitors to School30 4332 Conduct on School Property

Legal Reference: § 20 1 206, MCA Disturbance of school penalty33 § 20 4 303, MCA Abuse of teachers

§ 45 8 101, MCA Disorderly conduct § 45-8-351, MCA Restriction on Local Government Regulation of Firearms

Article X, section 8 Montana Constitution

Initiative 190 “Montana Marijuana Regulation and Taxation Act.” January 1, 2021

Policy History42

Adopted on: 9/11/17 Reviewed on: 8/14/12 Revised on: 5/14/19, 8/17/21

Accommodating Individuals With Disabilities

Individuals with disabilities will be provided opportunity to participate in all school sponsored7 services, programs, or activities on a basis equal to those without disabilities and will not be8 subject to illegal discrimination.

The District may provide auxiliary aids and services when necessary to afford individuals with11 disabilities equal opportunity to participate in or enjoy the benefits of a service, program, or12 activity.

The Superintendent is designated the Americans with Disabilities Act Title II Coordinator and, in15 that capacity, is directed to:

1. Oversee District compliance efforts, recommend necessary modifications to the Board,18 and maintain the District’s final Title II self evaluation document and keep it available19 for public inspection for at least three (3) years after its completion date (for districts20 having fifty (50) or more full or part time employees).

2. Institute plans to make information regarding Title II protection available to any23 interested party.

An individual with a disability should notify the Superintendent or building principal if they have26 a disability which will require special assistance or services and what services are required. This27 notification should occur as far as possible before the school sponsored function, program, or28 meeting.

Individuals with disabilities may allege a violation of this policy or of federal law by reporting it31 to the Superintendent, as the Title II Coordinator, or by filing a grievance under the Uniform32 Complaint Procedure.

Cross Reference: 1700 Uniform Complaint Procedure

Legal Reference : Americans with Disabilities Act, 42 U.S.C. §§ 12111, et seq., and 12131,39 et seq.; 28 C.F.R. Part 35.

Policy History:42 Adopted on: 08/14/201243 Reviewed on:44 Revised on:45

Contact With Students

Students are entrusted to the schools for educational purposes. Although educational purposes7 encompass a broad range of experiences, school officials must not assume license to allow8 unapproved contact with students by persons not employed by the District for educational9 purposes. Teachers may arrange for guest speakers on appropriate topics relative to the10 curriculum. Principals may approve school assemblies on specific educational topics of interest11 and relevance to the school program. The District normally does not permit other types of12 contact by non-school personnel.

The District will not allow access to the schools by outside organizations desiring to use the15 captive audience in a school for information, sales material, or special interest purposes.

Policy History:20 Adopted on: 12/08/199821 Reviewed on: 08/14/201222 Revised on:23

Distribution of Fund Drive Literature Through Students65

It is the policy of this District to refrain from having the students, as student body members, used7 for collection or dissemination purposes.98

Exceptions to this policy will be considered when recognized or student or school affiliated10 organizations of the District request permission to participate in such activity.

Policy History:15

Adopted on: 12/08/199816 Reviewed on: 08/14/201217 Revised on:18

Community Use of School Facilities

School facilities are available to the community for educational, civic, cultural, and other7 noncommercial uses consistent with the public interest, when such use will not interfere with the8 school program or school sponsored activities. Use of school facilities for school purposes has9 precedence over all other uses. Persons on school premises must abide by District conduct rules10 at all times.

Student and school-related organizations shall be granted the use of school facilities at no cost.13 Other organizations granted the use of school facilities shall pay fees and costs. The14 Superintendent will develop procedures to manage community use of school facilities, which15 will be reviewed and approved by the Board. Use of school facilities requires the16 Superintendent’s approval and is subject to the procedures.

Administration will approve and schedule various uses of school facilities. A master calendar19 will be kept in the office for scheduling dates to avoid conflicts during the school year. Should a20 conflict arise, the District reserves the right to cancel an approved request when it is determined21 that the facilities are needed for school purposes. Requests for use of school facilities must be22 submitted to the Superintendent’s office in advance of the event.

School facilities will be closed to public use on the following holidays: Independence Day,25 Labor Day, Thanksgiving, Christmas, New Year’s Day, Easter and Memorial Day.

Legal Reference: § 20 7 805, MCA Recreational use of school facilities secondary28 Lamb’s Chapel v. Center Moriches Union Free School Dist., 113 S.Ct.29 2141

Policy History:

FACILITIES USE AGREEMENT

Deer Lodge Elementary School District

Organization or Individual Requesting Facility Use: ____________________ Facility Requested: _____________________________________________________

Date and Hours of Requested Use: ________________________________________

Purpose of Use: _____________________________________________________________

Premises and Conditions

Conditions of Facilities Use Use of District facilities is conditioned upon the following covenants:

1. That no alcoholic beverages, tobacco, nicotine products, or other drugs are sold or consumed on the premises by the requesting organization or individual or any of its employees, patrons, agents, or members.

2. That no illegal games of chance or lotteries will be permitted.

3. That no functional alteration of the premises or functional changes in the use of such premises shall be made without specific written consent of the District.

4. That adequate supervision is provided by the requesting organization or individual to ensure proper care and use of District facilities.

Rent and Deposit

The requesting organization or individual agrees to pay the District, as rent for the premises and as payment for special services (if any) provided by the District, the sum of $___ ____, and this shall be due _ _ days in advance. The requesting organization or individual shall be responsible for the actual cost of repair or replacement, including costs, disbursements, and expenses, resulting while it has use of the premises.

Insurance and Indemnification

The requesting organization or individual, by signature below, hereby guarantees that the organization shall indemnify, defend, and hold harmless the District and any of its employees or agents, from any liability, expenses, costs (including attorney’s fees), damages, and/or losses arising out of injury or death to any person or persons or damage to any property of any kind in connection with the organization or individual’s use of the District facility, which are not the result of fraud, willful injury to a person or property, or willful or negligent violation of a law.

The User agrees to supply proof of insurance, verifying that the group maintains adequate insurance coverage against personal injury and/or property loss

Non-Discrimination

The requesting organization or individual agrees to abide by non discrimination clauses as contained in the Montana Human Rights Act and the Governmental Code of Fair Practices.

District’s Rights

The District reserves the right to cancel this Agreement, when it is determined by the District that the facilities are needed for school purposes.

DATED this _____ day of _______________, 20__.

School District:

Requesting Organization or Individual: __________________________ Phone

Rules and Regulations for Building Use

1. Applications requesting use of the school facilities must be presented to the building7 administrator or Superintendent’s office at least ten (10) days in advance of the time8 desired and must be signed by a qualified representative of the organization desiring to9 use the building.

2. The school premises shall not be available before 5:00 p.m. on school days, except under12 special conditions.

3. Rental fees are as follows:15

(Example) Gym $100 + custodian

Fees (will) (may) be waived for private nonprofit groups that do not charge admission18 fees. Religious groups or organizations will be charged rental fees as listed above.

4. The use of the school premises will be denied when, in the opinion of the Superintendent21 or the Board, such use may be construed to be solely for commercial purposes, there is a22 probability of damage or injury to school property, or the activity is deemed to be23 improper to hold in school buildings.

5. In case of loss or damage to school property, the organization and/or individual signing26 the request shall be fully responsible and liable.

6. The District reserves the right to require a certificate of insurance from the renting29 agency.

7. No furniture or apparatus shall be moved or displaced without permission.

8. No access to other rooms in the building shall be permitted unless designated by34 agreement.

9. There shall be no narcotics, drugs (including tobacco or nicotine products), stimulants, or37 alcohol used or sold in or about school buildings and premises, nor shall profane38 language, quarreling, fighting, or illegal gambling be permitted. Violations of this rule39 by any organization during occupancy shall be sufficient cause for denying further use of40 school premises to the organization.

10. Wax, or other preparations ordinarily used on dance floors, is not to be used on43 gymnasium floors.

11. The Superintendent may require a school employee to be present during use of the

12. building by the non school organization. In such case, the requesting organization will4 pay for the employee expense (i.e., custodians, overtime).65

13. When the school official finds it necessary that police or other security personnel be7 retained for crowd control, such requirement may be added as a condition of the Facilities8 Use Agreement.

Individual or Open Use

Individual or open use of facilities is allowed only at the Central Park Center Gym, at times13 specified.

Individual use is defined as meaning any number of single users on the gym floor, at once on an16 unorganized basis.

Procedure History:19 Promulgated on: 08/14/201220 Reviewed on:21 Revised on:22

Use of School Property for Posting Notices

Non school related organizations may request permission of the building principal to display7 posters in the area reserved for community posters or to have flyers distributed to students.98

Posters and/or flyers must be student oriented and have the sponsoring organization’s name10 prominently displayed. The District will not permit the posting or distribution of any material11 that would:

A. Disrupt the educational process;

B. Violate the rights of others;

C. Invade the privacy of others;

D. Infringe on a copyright;

E. Be obscene, vulgar, or indecent; or2322

F. Promote the use of drugs, alcohol, tobacco, firearms, or certain products or information24 that creates community concerns.2625

No commercial publication shall be posted or distributed unless the purpose is to further a school27 activity, such as graduation, class pictures, or class rings. No information from any candidates28 for non student elective offices shall be posted in or around school district property, or29 distributed to the students.

If permission is granted to distribute materials, the organization must arrange to have copies32 delivered to the school. Distribution of the materials will be arranged by administration.

Policy History:37 Adopted on: 12/08/199838 Reviewed on:39 Revised on: 08/14/2012, 10/09/1240

Conduct on School Property

General Conduct

In addition to prohibitions stated in other District policies, a person on school property who is not an9 enrolled student or District employee shall not:

1. Injure or threaten to injure another person;

2. Damage another’s property or that of the District;

3. Violate any provision of the criminal law of the state of Montana or town or county ordinance;

4. Smoke or otherwise use tobacco or nicotine products, and alternative nicotine and vapor18 products as defined in 16 11 302, MCA, or other similar products;

5. Consume, possess, or distribute alcoholic beverages, illegal drugs, or marijuana;

6. Impede, delay, or otherwise interfere with the orderly conduct of the District’s educational23 program or any other activity occurring on school property;

7. Possess a non firearm weapon as defined in this policy;

8. Enter upon any portion of school premises at any time for purposes other than those which are28 lawful and authorized by the Board; or

9. Willfully violate other District rules and regulations.

For the purposes of this policy, “school property” means within school buildings, in vehicles used for33 school purposes, or on owned or leased school land or grounds. District administrators are authorized to34 appropriate action, as circumstances warrant, to enforce this section of the policy including but not35 limited to requesting the assistance of law enforcement in accordance with Montana law

Firearms and Weapons

A person who is not an enrolled student or District employee shall not possess any firearm or other non40 firearm weapon in a school building at any time.

For the purposes of this policy, the term “firearm” means (A) any weapon which will or is designed to or43 may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of44 any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device pursuant to45 18 U.S.C. 921 (4). Such term does not include an antique firearm pursuant to 18 U.S.C. 921 (16).

For purposes of this policy, “non firearm weapon” means any object, device, or instrument designed as a48 weapon or through its use is capable of intimidating, threatening or producing bodily harm or which may49 be used to inflict injury, including but not limited to air guns; pellet guns; BB guns; fake or facsimile

weapons; all knives; blades; clubs; metal knuckles; nunchucks; throwing stars; explosives; fireworks;4 mace or other propellants; stun guns; ammunition; poisons; chains; arrows; and objects that have been5 modified to serve as a weapon.

District administrators are authorized to appropriate action, as circumstances warrant, to enforce this8 section of the policy including but not limited to requesting the assistance of law enforcement in9 accordance with Montana law.

This section does not apply to a law enforcement officer acting in the officer’s official capacity or an12 individual previously authorized by the Board of Trustees to possess a firearm or weapon in a school13 building.

The Board of Trustees shall annually review this policy and update this policy as determined necessary by16 the trustees based on changing circumstances pertaining to school safety.

For the purposes of this policy, “School building” means a combination of any materials, whether19 mobile, portable, or fixed, to form a structure and the related facilities for the use or occupancy by20 persons or property owned or leased by a local school district that are used for instruction or for student21 activities as specified in Section 50 60 101(2), MCA and Section 45 8 361, MCA The term is construed22 as though followed by the words "or part or parts of a building" and is considered to include all stadiums,23 bleachers, and other similar outdoor facilities, whether temporary or permanently fixed

Legal Reference: Pro Children Act of 1994, 20 U.S.C. § 608126 Smoke Free School Act of 199427 16 11 302, MCA Definitions28

§ 20 1 220, MCA Use of tobacco product in public school building or on29 public school property prohibited30

§ 20 1 206, MCA Disturbance of School31

§ 20 5 410, MCA Civil penalty32

§ 45 6 201, MCA Definition of enter or remain unlawfully33

§ 45 8 101, MCA Disorderly conduct34

§ 45 8 102, MCA Failure of disorderly persons to disperse35 § 45 8 351, MCA Restriction on Local Government Regulation of36 Firearms37

§ 45 8 361, MCA Possession or allowing possession of weapon in school38 building exceptions penalties seizure and39 forfeiture or return authorized definitions.40

Article X, section 8 Montana Constitution41

Initiative 190 “Montana Marijuana Regulation and Taxation Act.” January 1,42 202143

Policy History:44 Adopted on: 12/8/199845 Reviewed on:46 Revised on: 8/14/12, 10/14/14, 9/8/15, 8/17/2147

Public Access to District Records

Within limits of an individual’s right of privacy, the public will be afforded full access to7 information concerning administration and operations of the District. Public access to District8 records shall be afforded according to appropriate administrative procedures.

“District records” include any writing, printing, Photostatting, photographing, etc. (including11 electronic mail), which has been made or received by the District in connection with the12 transaction of official business and presented for informative value or as evidence of a13 transaction, and all other records required by law to be filed with the District. “District records”14 do not include personal notes and memoranda of staff which remain in the sole possession of the15 maker and which are not generally accessible or revealed to other persons.

The Superintendent will serve as the public records coordinator, with responsibility and authority18 for ensuring compliance with the display, indexing, availability, inspection, and copying19 requirements of state law and this policy. As coordinator, the Superintendent will authorize the20 inspection and copying of District records only in accordance with the criteria set forth in this21 policy.

In accordance with Title 2, Chapter 6, MCA, the District will make available for public24 inspection and copying all District records or portions of records, except those containing the25 following information:

1. Personal information in any file maintained for students. Information in student records28 will be disclosed only in accordance with requirements of the Family Educational Rights29 and Privacy Act of 1974 and adopted District policy.

2. Personal information in files maintained for staff, to the extent that disclosure will violate32 their right to privacy.

3. Test questions, scoring keys, or other examination data used to administer academic tests.

4. The contents of real estate appraisals made for or by the District relative to the37 acquisition of property, until the project is abandoned or until such time as all of the38 property has been acquired, but in no event will disclosure be denied for more than three39 (3) years after appraisal.

5. Preliminary drafts, notes, recommendations, and intra District memoranda in which opinions are expressed or policies formulated or recommended, except a specific record shall not be exempt when publicly cited by the District in connection with any District44 action.

6. Records relevant to a controversy to which the District is a party, but which would not be4 available to another party under the rules of pretrial discovery, for cases pending5 resolution.

7. Records or portions of records, the disclosure of which would violate personal rights of8 privacy.

8. Records or portions of records, the disclosure of which would violate governmental11 interests.

9. Records or information relating to individual or public safety or the security of public14 schools if release of the information jeopardizes the safety of facility personnel, the15 public, students in a public school.

If the District denies any request, in whole or in part, for inspection and copying of records, the18 District will provide the requesting party with reasons for denial.

If the record requested for inspection and/or copying contains both information exempted from21 disclosure and non exempt information, the District shall, to the extent practicable, produce the22 record with the exempt portion deleted and shall provide written explanation for the deletion.

The District will not provide access to lists of individuals, which the requesting party intends to25 use for commercial purposes or which the District reasonably believes will be used for26 commercial purposes if such access is provided. However, the District may provide mailing lists27 of graduating students to representatives of the U.S. armed forces and the National Guard for28 purpose of recruitment.

The coordinator is authorized to seek an injunction to prevent disclosure of records otherwise31 suitable for disclosure, when it is determined reasonable cause exists to believe disclosure would32 not be in the public interest and would substantially or irreparably damage any person or would33 substantially or irreparably damage vital governmental functions.

Legal Reference: Title 20, Ch. 6, MCA School districts38 § 2 6 1001, MCA, et seq. Public Records

Policy History:41 Adopted on: 12/08/199842 Reviewed on:43 Revised on: 08/14/2012, 05/14/201944

Relations With Law Enforcement and Child Protective Agencies

The staff is primarily responsible for maintaining proper order and conduct in the schools. Staff7 shall be responsible for holding students accountable for infractions of school rules, which may8 include minor violations of the law, occurring during school hours or at school activities. When9 there is substantial threat to the health and safety of students or others, such as in the case of10 bomb threats, mass demonstrations with threat of violence, individual threats of substantial11 bodily harm, trafficking in prohibited drugs, or the scheduling of events where large crowds may12 be difficult to handle, the law enforcement agency shall be called upon for assistance.13 Information regarding major violations of the law shall be communicated to the appropriate law14 enforcement agency.

The District will strive to develop and maintain cooperative working relationships with the law17 enforcement agencies. Procedures for cooperation between law enforcement, child protective,18 and school authorities will be established. Such procedures will be made available to affected19 staff and will be periodically revised.

County Interdisciplinary Child Information and School Safety Team

The District will participate in the Powell/Deer Lodge County interdisciplinary child information24 and school safety team established by Section 52 2 211, MCA. This team consists of county25 level representatives of the youth court, the county attorney, the department of public health and26 human services, the county superintendent of schools, the sheriff, the chief of any police force,27 the superintendents of public school districts in the County, and the department of corrections.

The purpose of the team is “to facilitate the exchange and sharing of information that one or30 more team members may be able to use in serving a child in the course of their professions and31 occupations, including but not limited to abused or neglected children, delinquent youth, and32 youth in need of intervention, and of information relating to issues of school safety.”

The Superintendent is authorized to request information from the interdisciplinary child35 information and school safety team regarding students in the School District. The36 Superintendent shall utilize this authority on a regular basis to ensure the safety and security of37 the District.

Cross Reference: 4313 Disruption of School Operations

Legal Reference: § 20 1 206, MCA Disturbance of school penalty § 52 2 211, MCA County Interdisciplinary Child Information and43 School Safety Team

Policy History:

Adopted on: 12/08/19981

Reviewed on: 08/14/20122

Revised on: 05/14/20193

Interrogation and Investigations Conducted by School Officials

The administration has the authority and duty to conduct investigations and to question students7 pertaining to infractions of school rules, whether or not the alleged conduct is a violation of8 criminal law. The administration shall determine when the necessity exists that law enforcement9 officers be asked to conduct an investigation of alleged criminal behavior which jeopardizes the10 safety of other people or school property or which interferes with the operation of the schools.

In instances when the administration has reasonable suspicion that a violation of district policy or13 the student code of conduct has been violated, the administrator will investigate. The14 administrator will notify the suspected rule violator(s) or potential witness(es) to the infraction.15 The suspected student shall be advised orally or in writing of the nature of the alleged offense16 and of the evidence against the student. Circumstances may arise where it would be advisable to17 have another adult present during questioning of students.

Investigations by Law Enforcement

When a student becomes involved with law enforcement officers due to events outside of the22 school environment and officers must interact with a student, the officer(s) is requested to confer23 with the student outside of the school setting when he/she is being investigated for conduct not24 under the jurisdiction of the school. The following steps shall be taken to cooperate with the25 authorities.

a. The officer shall contact the school principal and present proper identification in all28 occasions upon his/her arrival on school premises.

b. Parents or guardians shall be notified by the law enforcement officer, school principal or31 assistant principal as soon as possible. The law enforcement officer, principal or assistant32 principal shall make every effort to inform parents or guardians of the intent of the law33 enforcement officers except when that notification may compromise the student’s safety.

c. The student’s parent or guardian should be present, if practicable, during any36 interrogation on school premises.

Cooperation with Law Enforcement

Although cooperation with law enforcement officers will be maintained, it is the preference of41 the District that it will not normally be necessary for law enforcement officers to initiate, and42 conduct any investigation and interrogation on the school premises, during school hours,

pertaining to criminal activities unrelated to the operation of the school. It is preferred that only4 in demonstrated emergencies, when law enforcement officers find it necessary, will they conduct5 such an investigation during school hours. These circumstances might be limited to those in6 which delay might result in danger to any person, flight of a person reasonably suspected of a7 crime from the jurisdiction or local authorities, destruction of evidence, or continued criminal8 behavior.

No school official, however, should ever place him/herself in the position of interfering with a11 law enforcement official in the performance of his or her duties as an officer of the law. If the12 law enforcement officials are not recognized and/or are lacking a warrant or court order, the13 building principal shall require proper identification of such officials and the reason(s) for the14 visit to the school. If the principal is not satisfied, he/she shall attempt to notify the15 Superintendent and the officer’s superior, documenting such action.

In all cases, the officers shall be requested to obtain prior approval of the principal or other18 designated person before beginning such an investigation on school premises. The administrator19 shall document the circumstances of such investigations as soon as practical. Alleged behavior20 related to the school environment brought to the Principal’s attention by law enforcement21 officers shall be dealt with under the provisions of the two previous sections.

Taking a Student into Custody

School officials shall not release students to law enforcement authorities voluntarily unless the26 student has been placed under arrest or unless the parent or guardians and the student agree to the27 release. When students are removed from school for any reason by law enforcement authorities,28 every reasonable effort will be made to notify the student’s parents or guardians immediately.29 Such effort shall be documented. Whenever an attempt to remove a student from school occurs30 without an arrest warrant, court order, or without acquiescence of the parent or guardian, or the31 student, the administrator shall immediately notify a superior of the law enforcement officers32 involved to make objection to the removal of the student and shall attempt to notify the parent or33 guardian of the student. The Superintendent’s office shall be notified immediately of any34 removal of a student from school by law enforcement officers under any circumstances.

When it is necessary to take a student into custody on school premises and time permits, the law37 enforcement officer shall be requested to notify the principal and relate the circumstances38 necessitating such action. When possible, the principal shall have the student summoned to the39 principal’s office where the student may be taken into custody. In all situations of interrogations,40 arrest or service of subpoenas of a student by law enforcement officers on school premises, all41 practicable steps shall be taken to ensure a minimum of embarrassment or invasion of privacy of42 the student and disruption to the school environment.

Disturbance of School Environment

Law enforcement officers may be requested to assist in controlling disturbances of the school6 environment which the Principal or other school administrator has found to be unmanageable by7 school personnel and which disturbances have the potential of causing harm to students, other8 persons, or school property. Staff members may also notify law enforcement officials.

Such potential of possible disturbance includes members of the public who have exhibited11 undesirable or illegal conduct on school premises or at a school event held on school property,12 and who have been requested to leave by an administrator or staff member, but have failed or13 refused to do so.

Legal Reference: § 20 1 206, MCA Disturbance of school penalty17 § 20-5-201, MCA Duties and sanctions18 § 45 8 101, MCA Disorderly conduct

Policy History:23 Adopted on: 12/08/199824 Reviewed on: 08/14/201225 Revised on: 12/13/1626

Cooperative Programs With Other Districts and Public Agencies

Whenever it appears to the economic, administrative, and/or educational advantage of the7 District to participate in cooperative programs with other units of local government, the8 Superintendent will prepare and present for Board consideration an analysis of each cooperative9 proposal.

When formal cooperative agreements are developed, such agreements shall comply with12 requirements of the Interlocal Cooperation Act, with assurances that all parties to the agreement13 have legal authority to engage in the activities contemplated by the agreement.

The District may enter into an interlocal agreement providing for the sharing of teachers,16 specialists, superintendents, or other professional persons licensed under Title 37, MCA. If the17 District shares a teacher or specialist with another district(s), the District’s share of such18 teacher’s or specialist’s compensation will be based on the total number of instructional hours19 expended by the teacher or the specialist in the District.

Interlocal Cooperation Act24 §§ 20 7 451 through 456, MCA

Legal Reference: §§ 7 11 101, et seq., MCA

Authorization to create full service25 education cooperatives26 §§ 20-7-801, et seq., MCA Public recreation

Policy History:29 Adopted on: 12/08/199830 Reviewed on:31 Revised on: 08/14/201232

The State of Montana has determined that perpetrators of certain sex crimes pose a continuing7 threat to society as a whole even after completion of their criminal sentences. Recognizing that8 the safety and welfare of students is of paramount importance, the Deer Lodge Elementary9 School District declares that, except in limited circumstances, Deer Lodge Elementary School10 District should be off limits to registered sex offenders.

Employment

Notwithstanding any other Board policy, individuals listed by the State of Montana as registered15 sex offenders are ineligible for employment in any position within the Deer Lodge Elementary16 School District. However, the Superintendent shall have discretion consistent with other Board17 policies to recommend an individual whose name has been expunged from the Sex Offender18 Registry.

School Off Limits

The District hereby declares that no registered sex offender whose victim was a minor may come23 on, about, or within any District owned buildings or property except as otherwise provided in24 this policy. If an administrator becomes aware that such a sex offender is on, about, or within25 school property, the administrator shall direct the sex offender to immediately leave the area. The26 Board authorizes the administrator to request the assistance of the appropriate law enforcement27 authorities to secure the removal of any registered sex offender from the area. If a registered sex28 offender disregards the terms of this policy or the directives of the school administrator, then the29 Superintendent is authorized to confer with counsel and to pursue such criminal or civil action as30 may be necessary to enforce compliance with this policy.

This policy shall not be construed to impose any duty upon any administrator or any other33 employee of the District to review the Sex Offender Registry or to screen individuals coming on34 or within school property to ascertain whether they are on the Registry. This policy shall only35 apply when administrators are actually aware that the person in question is on the Sex Offender36 Registry and that the offender’s victim was a minor.

The provisions of this policy prohibiting a registered sex offender from coming on, about, or39 within school property shall not apply in the event that a sex offender’s name should be40 expunged from the Registry.

Rights of Parents on the Sex Offender Registry

In the event that a registered sex offender whose victim was a minor has a child attending the District, the administrator of the school where the child attends shall be authorized to modify this46

policy’s restrictions to permit the parent to drop off and pick up the child from school and to4 come onto campus to attend parent teacher conferences. However, the parent may not linger on5 or about school property before or after dropping off his or her child, and the parent is prohibited6 from being in any part of the school building except the main office.

This policy does not impose a duty upon the administrator of any school or any other employee9 of the District to review the Sex Offender Registry and the school system’s directory information10 to ascertain whether a registered sex offender may have a child attending school in the District.11 The provisions of this policy shall apply only if an administrator actually becomes aware that a12 parent of a student at the school is a registered sex offender.

To facilitate voluntary compliance with this policy, administrators are encouraged to speak with15 any affected parents upon learning of their status as registered sex offenders to communicate the16 restrictions of this policy. At all times, the administrator shall endeavor to protect the privacy of17 the offender’s child.

In the event of a truly exceptional situation such as graduation, a parent on the Sex Offender20 Registry may ask the Superintendent for a waiver of this policy to permit the parent to attend21 these special events. It is the intent of the Board, however, that these special circumstances be22 truly unusual and infrequent occurrences.

Legal Reference: § 46-23-501, MCA Sexual or Violent Offender Registration Act27 www.doj.mt.gov/svor/ Sexual or Violent Offender Registry

Policy History:30 Adopted on: 08/14/201231 32 33

DEER

TABLEPERSONNELSERIESOFCONTENTS

5000

5000 Board Goal/Personnel

R 5002 Accommodating Individuals With Disabilities

R 5010 Equal Employment Opportunity and Non Discrimination

R 5012 5012P Sexual Harassment/Sexual Intimidation in the Workplace

5015 Bullying/Harassment/Intimidation

5120 5120F 5102P

Hiring Process and Criteria

5121 Applicability of Personnel Policies

5122 Fingerprints and Criminal Background Investigations

5122F

5125

Authorization to Release Information, Including Consent to Fingerprint Background Check

Whistle Blowing and Retaliation

Staff Health 5140

5130

Classified Employment and Assignment 5210 Assignments, Reassignments, Transfers 5220

Prohibition on Aiding Sexual Abuse 5221 Work Day

R 5222

Evaluation of Non Administrative Staff 5223 Personal Conduct 5224 Political Activity 5226 Drug Free Workplace

R 5228 5228P

Drug and Alcohol Testing for School Bus and Commercial Vehicle Drivers

5230 Prevention of Disease Transmission 5231 5231P Personnel Records 5232

5232F

Abused and Neglected Child Reporting

Report of Suspected Child Abuse or Neglect

R 5240 Resolution of Staff Complaints/Problem-Solving 5251 Resignations

5253

Retirement Programs for Employees 5254

5254F

Payment of Employer Contributions and Interest on Previous Service

Payment of Employer Contributions and Interest on Previous Service

Disciplinary Action 5256 Reduction in Force 5314

5255

Substitutes 5321

Leaves of Absence 5321P

Conditions for Use of Leave

5322

R 5325

Military Leave

Breastfeeding Workplace

R 5328 Family Medical Leave 5328P FMLA 5329

Long Term Illness/Temporary Disability Leave 5329P Long Term Illness/Temporary Disability/Maternity Leave Procedure

5330

Maternity Leave 5331 Insurance Benefits for Employees 5333 Holidays 5334 5334P Vacations

R 5336 Compensatory Time and Overtime for Classified Employees 5337 Workers’ Compensation Benefits 5338 Absence Due to Illness or Injury

5420 Teachers’ Aides/Paraeducators

5430 Volunteers 5440 Student Teachers/Interns

5450 Employee Electronic Mail and On Line Services Usage

5451

Staff Development 5500

Payment of Wages Upon Termination

R 5510 HIPAA 5630 Employee Use of Cellular Phones and Other Electronic Devices

District staff are invaluable in creating an effective educational program and vibrant learning7 environment. The Board seeks always to employ highly qualified individuals for all positions in8 the District. The Board realizes opportunities for staff development should be provided9 periodically.

The Board expects supervision and evaluation of staff to be conducted in a positive and helpful12 manner, with the intent of improving staff performance. The Board looks to staff to promote a13 positive school climate in all educational endeavors, so students may work toward their greatest14 potential, and the community will be proud of its investment.

Nothing contained in the policies or administrative procedures included herein is intended to17 limit the legal rights of the Board or its agents except as expressly stated.

Should any provision of Board policy or administrative procedure be held to be illegal by a court20 of competent jurisdiction, all remaining provisions shall continue in full force and effect.

Policy History:25 Adopted on: February 9, 199926 Reviewed on: 08/14/201227 Revised on:28

Accommodating Individuals with Disabilities and Section 504 of the Rehabilitation Act of 1973

It is the intent of the District to ensure that qualified employees with disabilities under Section7 504 of the Rehabilitation Act of 1973 are identified, evaluated, and provided with appropriate8 accommodations or other positive actions in assistance.

The District will not discriminate against a qualified individual on the basis of disability in11 regard to job application procedures, the hiring, advancement, or discharge of employees,12 employee compensation, job training, or other terms, conditions, and privileges of employment.

The Superintendent is designated the Section 504 and Americans with Disabilities Act Title II15 Coordinator and, in that capacity, is directed to:

1. Oversee District compliance efforts, recommend to the Board necessary modifications,18 and maintain the District’s final Title II self evaluation document and keep it available19 for public inspection.

Make information regarding Title II protection available to any interested party.

3. Coordinating and monitoring the district’s compliance with Section 504 and Title II of24 the ADA, as well as state civil rights requirements regarding discrimination and25 harassment based on disability.

4. Overseeing prevention efforts to avoid Section 504 and ADA violations by necessary28 actions, including by not limited to, scheduling Section 504 meetings, implementing and29 monitoring Section 504 plans of accommodation and providing information to employees30 and supervisors.

5. Implementing the district’s discrimination complaint procedures with respect to33 allegations of Section 504/ADA violations, discrimination based on disability, and34 disability harassment; and

6. Investigating complaints alleging violations of Section 504/ADA, discrimination based37 on disability, and disability harassment.

The District’s procedure for resolution of complaints alleging violation of this policy is set forth40 in Policy 1700.

Cross Reference: 1700 Uniform Complaint Procedure

Legal Reference: Americans with Disabilities Act, 42 U.S.C. §§ 12111, et seq., and 12131,45 et seq.; 28 C.F.R. Part 35.46

1

Policy History:2

Adopted on: 02/09/19993

Reviewed on: 08/14/20124 Revised on: 03/12/20195

Equal Employment Opportunity and Non Discrimination

The District will provide equal employment opportunities to all persons, regardless of their race,7 color, religion, creed, national origin, genetic information, sex, age, ancestry, marital status,8 military status, citizenship status, use of lawful products while not at work, physical or mental9 disability.

The District will make reasonable accommodation for an individual with a disability known to12 the District, if the individual is otherwise qualified for the position, unless the accommodation13 would impose undue hardship on the District.

A person with an inquiry regarding discrimination should direct their questions to the Title IX16 Coordinator. A person with a specific written complaint should follow the Uniform Complaint17 Procedure.

All complaints about behavior that may violate this policy shall be promptly investigated.

Retaliation against an employee who has filed a discrimination complaint, testified, or22 participated in any manner in a discrimination investigation or proceeding is prohibited.

Cross Reference: 1700 Uniform Complaint Procedure2625

Legal Reference: Age Discrimination in Employment Act, 29 U.S.C. §§ 621, et seq.27

Americans with Disabilities Act, Title I, 42 U.S.C. §§ 12111, et seq.28

Equal Pay Act, 29 U.S.C. § 206(d)29

Immigration Reform and Control Act, 8 U.S.C. §§ 1324(a), et seq.30 Rehabilitation Act of 1973, 29 U.S.C. §§ 791, et seq

Genetic Information Nondiscrimination Act of 2008 (GINA)

Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000(e), et seq.; 29 C.F.R.,33 Part 1601

Title IX of the Education Amendments, 20 U.S.C. §§ 1681, et seq.; 3435 C.F.R., Part 106

Montana Constitution, Art. X, § 1 Educational goals and duties

§ 49 2 101, et seq, MCA Human Rights Act

§ 49 2 303, MCA Discrimination in Employment

§ 49 3 102, MCA What local governmental units affected

§49 3 201, MCA Employment of state and local government personnel.

Policy History:

Adopted on: 02/09/1999

Reviewed on: 08/14/2012

Revised on: 12/13/2010, 10/10/2017, 03/12/2019

Sexual Harassment, Sexual Intimidation and Sexual Misconduct in the Workplace

The District will strive to provide employees a work environment free of unwelcome sexual7 advances, requests for sexual favors, and other verbal or physical conduct or communications8 constituting sexual harassment, or misconduct, as defined and otherwise prohibited by state and9 federal law.

The District prohibits its employees from engaging in any conduct of a sexual nature when:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of14 an individual’s employment;15

2. Submission to or rejection of such conduct by an individual is used as a basis for16 employment decisions affecting that individual; or17

3. Such conduct has the purpose or effect of substantially interfering with the individual’s18 work performance or creating an intimidating, hostile, or offensive work environment.19

4. Such conduct deprives the individual of their rights to equal employment under District20 policy and state or federal law.

Sexual harassment, sexual intimidation and sexual misconduct prohibited by this policy includes23 verbal, electronic, or physical contact or conduct. The terms “intimidating,” “hostile,”24 “misconduct,” or “offensive” include but are not limited to conduct that has the effect of25 deprivation of rights, humiliation, embarrassment, or discomfort. Examples of sexual26 harassment, sexual intimidation, and sexual misconduct include but are not limited to unwelcome27 or forceful physical touching, crude jokes or pictures, discussions of sexual experiences, pressure28 or requests for sexual activity or favors, intimidation by words, actions, insults, or name calling,29 teasing related to sexual characteristics, and spreading rumors related to a person’s alleged30 sexual activities. The District will evaluate sexual harassment, sexual intimidation, and sexual31 misconduct in light of all circumstances.

A violation of this policy may result in disciplinary action, up to and including termination of34 employment. The District is authorized to report any violation of this policy to law enforcement35 that is suspected to be a violation of state or federal criminal laws.

Employees who believe they may have been sexually harassed, intimidated, or been subjected to38 sexual misconduct should contact the Title IX Coordinator or an administrator, who will assist39 them in filing a complaint. An individual with a complaint alleging a violation of this policy40 shall follow the Uniform Complaint Procedure.

Any person who knowingly makes false accusation regarding sexual harassment intimidation or43 misconduct will likewise be subject to disciplinary action, up to and including termination of44 employment.

Cross Reference: 1700 Uniform Complaint Procedure54

Legal Reference: Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000(e), 29 C.F.R.6 § 1604.117

Title IX of the Education Amendments, 20 U.S.C. §§ 1681,8 Montana Constitution, Art. X, § 1 Educational goals and duties9 § 49 2 101, MCA Human Rights Act10

Harris v. Fork Lift Systems, 114 S.Ct. 367 (1993)

Policy History:13 Adopted on: 02/09/199914 Reviewed on: 08/14/201215 Revised on: 05/14/201916

Sexual Harassment Grievance Procedure Employees

The Board requires the following grievance process to be followed for the prompt and equitable8 resolution of employee complaints alleging any action that would be prohibited as sexual9 harassment by Title IX. The Board directs the process to be published in accordance with all10 statutory and regulatory requirements.

Definitions

The following definitions apply for Title IX policies and procedures:

“Actual knowledge:” notice of sexual harassment or allegations of sexual harassment to the17 District’s Title IX Coordinator or any official of the District who has authority to institute18 corrective measures on behalf of the District, or to any employee of an elementary or secondary19 school.

“Education program or activity:” includes locations, events or circumstances over which the22 District exercised substantial control over both the individual who has been reported to be the23 perpetrator of conduct that could constitute sexual harassment, and the context in which the24 sexual harassment occurs.

“Complainant:” an individual who is alleged to be the victim of conduct that could constitute27 sexual harassment.

“Respondent:” an individual who has been reported to be the perpetrator of conduct that could30 constitute sexual harassment.

“Formal complaint:” a document filed by a Complainant or signed by the Title IX Coordinator33 alleging sexual harassment against a Respondent and requesting that the District investigate the34 allegation of sexual harassment.

“Supportive measures:” non disciplinary, non punitive individualized services offered as appropriate, as reasonably available and without fee or charge to the Complainant or Respondent38 before or after the filing of a formal complaint or where no formal complaint has been filed.

District Requirements

When the District has actual knowledge of sexual harassment in an education program or activity of the District, the District will respond promptly in a manner that is not deliberately indifferent. When the harassment or discrimination on the basis of sex does not meet the definition of sexual harassment, the Title IX Coordinator will direct the individual to the applicable sex

discrimination process bullying and harassment policy, or public complaint procedure for4 investigation.

The District treats individuals who are alleged to be the victim (Complainant) and perpetrator7 (Respondent) of conduct that could constitute sexual harassment equitably by offering supportive8 measures. Supportive measures are designed to restore or preserve equal access to the District’s9 education program or activity without unreasonably burdening the other party, including10 measures designed to protect the safety of all parties or the District’s educational environment, or11 deter sexual harassment. Supportive measures may include counseling, extensions of deadlines12 or other course related adjustments, modifications of work or class schedules, mutual restrictions13 on contact between the parties, leaves of absence, increased security and monitoring of certain14 areas of the District’s property, campus escort services, changes in work locations and other15 similar measures.

The Title IX Coordinator is responsible for coordinating the effective implementation of18 supportive measures. Upon the receipt of a complaint, the Title IX Coordinator must promptly19 contact the Complainant to discuss the availability of supportive measures, consider the20 Complainant’s wishes with respect to supportive measures, inform the Complainant of the21 availability of supportive measures with or without the filing of a formal complaint, and explain22 to the Complainant the process for filing a formal complaint. If the District does not provide the23 Complainant with supportive measures, then the District must document the reasons why such a24 response was not clearly unreasonable in light of the known circumstances.

Timelines

The District has established reasonably prompt time frames for the conclusion of the grievance29 process, including time frames for filing and resolving appeals and informal resolution processes.30 The grievance process may be temporarily delayed or extended for good cause. Good cause may31 include considerations such as the absence of a party, a party’s advisor, or a witness; concurrent32 law enforcement activity; or the need for language assistance or accommodation of disabilities.33

In the event the grievance process is temporarily delayed for good cause, the District will provide34 written notice to the Complainant and the Respondent of the delay or extension and the reasons35 for the action.

Response to a Formal Complaint

At the time of filing a formal complaint, a Complainant must be participating in or attempting to40 participate in the education program or activity of the District with which the formal complaint is41 filed. A formal complaint may be filed with the Title IX Coordinator in person, by mail, by42 electronic mail, or other means designated by the District.

The District must follow the formal complaint process before the imposition of any disciplinary45 sanctions or other actions that are not supportive measures. However, nothing in this policy

precludes the District from placing a non student employee Respondent on administrative leave4 during the pendency of the grievance process. The District may also remove a student5 Respondent alleged to have harassed an employee Complainant from the education setting. The6 student may receive instruction in an offsite capacity during the period of removal. This7 provision may not be construed to modify any rights under the Individuals with Disabilities8 Education Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities9 Act.

Upon receipt of a formal complaint, the District must provide written notice to the known parties12 including:

1. Notice of the allegations of sexual harassment, including information about the15 identities of the parties involved in the incident, the conduct allegedly constituting16 sexual harassment, the date and location of the alleged incident, and any sufficient17 details known at the time. Such notice must be provided with sufficient time to18 prepare a response before any initial interview;

2. An explanation of the District’s investigation procedures, including any informal21 resolution process;

3. A statement that the Respondent is presumed not responsible for the alleged24 conduct and that a determination regarding responsibility will be made by the25 decision maker at the conclusion of the investigation;

4. Notice to the parties that they may have an advisor of their choice who may be, but28 is not required to be, an attorney, and may inspect and review any evidence; and

5. Notice to the parties of any provision in the District’s code of conduct or policy that31 prohibits knowingly making false statements or knowingly submitting false32 information.

If, in the course of an investigation, the District decides to investigate allegations about the35 Complainant or Respondent that are not included in the notice initially provided, notice of the36 additional allegations must be provided to known parties.

The District may consolidate formal complaints as to allegations of sexual harassment against39 more than one Respondent, or by more than one Complainant against one or more Respondents,40 or by one party against the other party, where the allegations of sexual harassment arise out of41 the same facts or circumstances.

Investigation of a Formal Complaint

When investigating a formal complaint and throughout the grievance process, the District must:

1. Ensure that the burden of proof and the burden of gathering evidence sufficient to reach4 a determination regarding responsibility rests on the District and not the parties’;

2. Provide an equal opportunity for the parties to present witnesses and evidence;

3. Not restrict either party’s ability to discuss the allegations under investigation or to9 gather and present relevant evidence;

4. Allow the parties to be accompanied with an advisor of the party’s choice who may be,12 but is not required to be, an attorney. The District may establish restrictions regarding13 the extent to which the advisor may participate in the proceedings, as long as the14 restrictions apply equally to both parties;

5. Provide written notice of the date, time, location, participants, and purpose of any17 interview or meeting at which a party is expected to participate, with sufficient time for18 the party to prepare to participate;

6. Provide the parties equal access to review all the evidence collected which is directly21 related to the allegations raised in a formal complaint and comply with the review22 periods outlined in this process;

7. Objectively evaluate all relevant evidence without relying on sex stereotypes;

8. Ensure that Title IX Coordinators, investigators, decision makers and individuals who27 facilitate an informal resolution process, do not have a conflict of interest or bias for or28 against Complainants or Respondents generally or an individual Complainant or29 Respondent;

9. Not make creditability determinations based on the individual’s status as Complainant,32 Respondent or witness;

10. Not use questions or evidence that constitute or seek disclosure of privileged35 information unless waived.

Dismissal of Formal Complaints

If the conduct alleged in the formal complaint would not constitute sexual harassment even if proved, did not occur in the District’s education program or activity, or did not occur against a41 person in the United States, then the District must dismiss the formal complaint with regard to42 that conduct for purposes of sexual harassment under this policy.

The Title IX Coordinator also may dismiss the formal complaint or any allegations therein at any time during the investigation or hearing, if applicable, when any of the following apply:46

1. a Complainant provides written notification to the Title IX Coordinator that the4 Complainant would like to withdraw the formal complaint or any allegations therein;

2. the Respondent is no longer enrolled or employed by the District; or87

3. specific circumstances prevent the District from gathering evidence sufficient to reach a9 determination as to the formal complaint or allegations therein.

Upon dismissal, the Title IX Coordinator promptly sends written notice of the dismissal and the12 reasons for dismissal simultaneously to both parties. The grievance process will close in the13 event a notice of dismissal is provided to the parties. Support measures may continue following14 dismissal

Evidence Review

The District provides both parties an equal opportunity to inspect and review any evidence19 obtained as part of the investigation so that each party can meaningfully respond to the evidence20 prior to the conclusion of the investigation. The evidence provided by the District must include21 evidence that is directly related to the allegations in the formal complaint, evidence upon which22 the District does not intend to rely in reaching a determination regarding responsibility, and any23 inculpatory or exculpatory evidence whether obtained from a party or other source. Prior to24 completion of the investigative report, the Title IX Coordinator must send to each party and the25 party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a26 hard copy. The parties have 10 calendar days to submit a written response to the Title IX27 Coordinator, which the investigator will consider prior to completion of the investigative report.

Investigative Report

The investigator must prepare an investigative report that fairly summarizes relevant evidence32 and send the report to the Title IX Coordinator. The Title IX Coordinator must send to each33 party and the party’s advisor, if any, the investigative report in an electronic format or a hard34 copy, for their review and written response. The parties have 10 calendar days to submit a35 written response to the Title IX Coordinator.

Decision Maker’s Determination

The investigative report is submitted to the decision maker. The decision maker cannot be the40 same person(s) as the Title IX Coordinator or the investigator. The decision maker cannot hold a41 hearing or make a determination regarding responsibility until 10 calendar days from the date the42 Complainant and Respondent receive the investigator’s report.

Prior to reaching a determination regarding responsibility, the decision maker must afford each45 party the opportunity to submit written, relevant questions that a party wants asked of any party

or witness, provide each party with the answers, and allow for additional, limited follow up4 questions from each party. Questions and evidence about the Complainant’s sexual5 predisposition or prior sexual behavior are not relevant, unless such questions and evidence6 about the Complainant’s prior sexual behavior are offered to prove that someone other than the7 Respondent committed the conduct alleged by the Complainant, or if the questions and evidence8 concern specific incidents of the Complainant’s prior sexual behavior with respect to the9 Respondent and are offered to prove consent. Questions must be submitted to the Title IX10 Coordinator within three calendar days from the date the Complainant and Respondent receive11 the investigator’s report.

The decision maker must issue a written determination regarding responsibility based on a14 preponderance of the evidence standard. The decision maker’s written determination must:

1. Identify the allegations potentially constituting sexual harassment;

2. Describe the procedural steps taken, including any notifications to the parties,19 interviews with parties and witnesses, site visits, methods used to gather evidence, and20 hearings held;

3. Include the findings of fact supporting the determination;

4. Draw conclusions regarding the application of any District policies and/or code of25 conduct rules to the facts;

5. Address each allegation and a resolution of the complaint including a determination28 regarding responsibility, the rationale therefor, any recommended disciplinary29 sanction(s) imposed on the Respondent, and whether remedies designed to restore or30 preserve access to the educational program or activity will be provided by the District31 to the Complainant; and

6. The procedures and permissible bases for the Complainant and/or Respondent to appeal34 the determination.

A copy of the written determination must be provided to both parties simultaneously, and37 generally will be provided within 60 calendar days from the District’s receipt of a formal38 complaint.

The determination regarding responsibility becomes final either on the date that the District41 provides the parties with the written determination of the result of the appeal, if an appeal is42 filed, or if an appeal is not filed, the date on which an appeal would no longer be considered43 timely.

Where a determination of responsibility for sexual harassment has been made against the46

Respondent, the District will provide remedies to the Complainant that are designed to restore or4 preserve equal access to the District’s education program or activity. Such remedies may include5 supportive measures; however, remedies need not be non disciplinary or non punitive and need6 not avoid burdening the Respondent. The Title IX Coordinator is responsible for effective7 implementation of any remedies. Following any determination of responsibility, the District may8 implement disciplinary sanctions in accordance with State or Federal law and or/the negotiated9 agreement. For employees, the sanctions may include any form of responsive discipline, up to10 and including termination.

Appeals

Either the Complainant or Respondent may appeal the decision maker’s determination regarding15 responsibility or a dismissal of a formal complaint, on the following bases:

1. Procedural irregularity that affected the outcome of the matter;

2. New evidence that was not reasonably available at the time that could affect the20 outcome and

3. The Title IX Coordinator, investigator, or decision maker had a conflict of interest or23 bias for or against Complainants or Respondents generally or an individual24 Complainant or Respondent that affected the outcome.

The District also may offer an appeal equally to both parties on additional bases.

The request to appeal must be made in writing to the Title IX Coordinator within seven calendar29 days after the date of the written determination. The appeal decision maker must not have a30 conflict of interest or bias for or against Complainants or Respondents generally or an individual31 Complainant or Respondent and cannot be the Title IX Coordinator, the investigator, or the32 decision maker from the original determination.

The appeal decision maker must notify the other party in writing when an appeal is filed and35 give both parties a reasonable equal opportunity to submit a written statement in support of, or36 challenging, the outcome. After reviewing the evidence, the appeal decision maker must issue a37 written decision describing the result of the appeal and the rationale for the result. The decision38 must be provided to both parties simultaneously, and generally will be provided within 1039 calendar days from the date the appeal is filed.

Informal Resolution Process

Except when concerning allegations that an employee sexually harassed a student, at any time during the formal complaint process and prior to reaching a determination regarding45 responsibility, the District may facilitate an informal resolution process, such as mediation, that46

does not involve a full investigation and determination of responsibility, provided that the4 District:65

1. Provides to the parties a written notice disclosing:87

A. The allegations;109

B. The requirements of the informal resolution process including the circumstances11 under which it precludes the parties from resuming a formal complaint arising12 from the same allegations, provided, however, that at any time prior to agreeing to13 a resolution, any party has the right to withdraw from the informal resolution14 process and resume the Title IX formal complaint process with respect to the15 formal complaint; and

C. Any consequences resulting from participating in the informal resolution process,18 including the records that will be maintained or could be shared.

2. Obtains the parties’ voluntary, written consent to the informal resolution process.

The informal resolution process generally will be completed within 30 calendar days, unless the23 parties and the Title IX Coordinator mutually agree to temporarily delay or extend the process.24 The formal grievance process timelines are stayed during the parties’ participation in the25 informal resolution process. If the parties do not reach resolution through the informal resolution26 process, the parties will resume the formal complaint grievance process, including timelines for27 resolution, at the point they left off.

Recordkeeping

The District must maintain for a period of seven years records of:

1. Each sexual harassment investigation, including any determination regarding34 responsibility, any disciplinary sanctions imposed on the Respondent, and any remedies35 provided to the Complainant designed to restore or preserve equal access to the36 District’s education program or activity;

2. Any appeal and the result therefrom;

3. Any informal resolution and the result therefrom; and

4. All materials used to train Title IX Coordinators, investigators, decision makers, and43 any person who facilitates an informal resolution process. The District must make44 these training materials publicly available on its website.

The District must create, and maintain for a period of seven years, records of any actions,4 including any supportive measures, taken in response to a report or formal complaint of sexual5 harassment. In each instance, the District must document the basis for its conclusion that its6 response was not deliberately indifferent, and document that it has taken measures designed to7 restore or preserve equal access to the District’s education program or activity.

Cross Reference: Policy 5010 Equal Employment and Non Discrimination10

Policy 5012 Sexual Harassment11

Policy 5255 Employee Discipline

Legal References: Art. X, Sec. 1, Montana Constitution Educational goals and duties14

Section 49 3 101, et seq., MCA, Montana Human Rights Act15

Civil Rights Act, Title VI; 42 USC 2000d et seq.16

Civil Rights Act, Title VII; 42 USC 2000e et seq.17

Education Amendments of 1972, Title IX; 20 USC 1681 et seq18

34 CFR Part 106 Nondiscrimination on the basis of sex in19 education programs or activities receiving20 Federal financial assistance21

10.55.701(1)(f), ARM Board of Trustees22 10.55.719, ARM Student Protection Procedures23 10.55.801(1)(a), ARM School Climate

Policy History:26 Adopted on: 8/17/2127 Reviewed on:28 Revised on:29

Bullying/Harassment/Intimidation

The Board will strive to provide a positive and productive working environment. Bullying,7 harassment, intimidation, between employees or by third parties, are strictly prohibited and shall8 not be tolerated. This includes bullying, harassment, or intimidation via electronic9 communication devices (“cyberbullying”).

Definitions

1. “Third parties” include but are not limited to coaches, school volunteers, parents, school14 visitors, service contractors or others engaged in District business, such as employees of15 businesses or organizations participating in cooperative work programs with the District,16 and others not directly subject to District control at inter district and intra District athletic17 competitions or other school events.

2. “District” includes District facilities, District premises, and non District property if the20 employee is at any District sponsored, District approved, or District related activity or21 function, such as field trips or athletic events, where the employee is engaged in District22 business.

3. “Harassment, intimidation, or bullying” means any act that substantially interferes with25 an employee’s opportunities or work performance, that takes place on or immediately26 adjacent to school grounds, at any school-sponsored activity, on school-provided27 transportation, or anywhere conduct may reasonably be considered to be a threat or an28 attempted intimidation of a staff member or an interference with school purposes or an29 educational function, and that has the effect of:

a. Physically harming an employee or damaging an employee’s property;32

b. Knowingly placing an employee in reasonable fear of physical harm to the33 employee or damage to the employee’s property; or34

c. Creating a hostile working environment.

4. “Electronic communication device” means any mode of electronic communication,37 including but not limited to computers, cell phones, PDAs, or the internet.

Reporting

All complaints about behavior that may violate this policy shall be promptly investigated. Any42 employee or third party who has knowledge of conduct in violation of this policy or feels he/she43 has been a victim of harassment, intimidation, or bullying in violation of this policy is encouraged to immediately report his/her concerns to the building principal or the District Administrator, who have overall responsibility for such investigations. Complaints against the

building principal shall be filed with the Superintendent. Complaints against the Superintendent4 or District Administrator shall be filed with the Board.

The complainant shall be notified of the findings of the investigation and, as appropriate, that7 remedial action has been taken.

Responsibilities

The District Administrator shall be responsible for ensuring that notice of this policy is provided12 to staff and third parties and for the development of administrative regulations, including13 reporting and investigative procedures, as needed.

Consequences

Staff whose behavior is found to be in violation of this policy will be subject to discipline up to18 and including dismissal. Third parties whose behavior is found to be in violation of this policy19 shall be subject to appropriate sanctions as determined and imposed by the District Administrator20 or the Board. Individuals may also be referred to law enforcement officials.

Retaliation and Reprisal

Retaliation is prohibited against any person who reports or is thought to have reported a25 violation, files a complaint, or otherwise participates in an investigation or inquiry. Such26 retaliation shall be considered a serious violation of Board policy, whether or not a complaint is27 substantiated. False charges shall also be regarded as a serious offense and will result in28 disciplinary action or other appropriate sanctions.

Legal Reference: 10.55.701(3)(g), ARM Board of Trustees33 10.55.801(1)(d), ARM School Climate

Policy History:36 Adopted on: 08/14/201237 Reviewed on:38 Revised on:39

Hiring Process and Criteria

The Board and Superintendent/administrator will determine the screening and hiring process upon the6 existence of each vacancy. The District will hire personnel appropriately licensed and endorsed in7 accordance with state statutes and Board of Public Education rules, consistent with budget and staffing8 requirements and will comply with Board policy and state law on equal employment opportunities and9 veterans’ preference. All applicants must complete a District application form to be considered for10 employment.

Every applicant must provide the District with written authorization for a fingerprint/criminal background13 investigation. The Superintendent will keep any conviction record confidential as required by law and14 District policy. The district will create a determination sheet from the criminal history record. The15 determination sheet will be kept on file at the District Office. The Criminal History Record with no16 disqualifiers will be shredded on site immediately after review. The Criminal History Record with17 disqualifiers will be retained on file at the District Office according to law. Every newly hired employee18 must complete an Immigration and Naturalization Service form, as required by federal law.

Certification21

The District requires contracted certified staff to hold valid Montana teacher or specialist certificates22 endorsed for the roles and responsibilities for which they are employed. Failure to meet this requirement23 shall be just cause for termination of employment. No salary warrants may be issued to a staff member,24 unless a valid certificate for the role to which the teacher has been assigned has been registered with the25 county superintendent within sixty (60) calendar days after a term of service begins. Every teacher and26 administrator under contract must bring their current, valid certificate to the personnel office at the time27 of initial employment, as well as at the time of each renewal of certification.

The custodian of records will register all certificates, noting class and endorsement of certificates, and30 will update permanent records as necessary. The custodian of records also will retain a copy of each valid31 certificate of a contracted certified employee in that employee’s personnel file.

Reference Checks34

The Board authorizes the Superintendent or the Superintendent’s designee to inquire of past employers35 about an applicant’s employment on topics including but not limited to: title, role, reason for leaving,36 work ethic, punctuality, demeanor, collegiality, putting the interests of students first, and suitability for37 the position in the District. Responses to these inquiries should be documented and considered as part of38 the screening and hiring process.

Cross Reference: 5122 Fingerprints and Criminal Background Investigations

Legal Reference: § 20 4 202, MCA Teacher and specialist certification registration § 39 29 102, MCA Point preference or alternative preference in initial hiring for certain applicants substantially equivalent selection procedure

Policy History: Adopted on: 02/09/1999 Reviewed on:50 Revised on: 02/03/2003, 08/14/2012, 10/10/17, 3/10/20

Re dissemination of Criminal History to the Individual

If your fingerprint result is on file with the Office of Public Instruction, a Montana public school or public school district, or a unit of the Montana university system, those results can be distributed from the requesting Agency to the individual.

I authorize

The Office of Public Instruction; or A Unit of the Montana Public University System; or Montana Public School or Public School District

To share the results of my fingerprint based background check with myself for challenge or disputing incorrect information with Montana Criminal Records.

Authorized Agency

Signature of Applicant

Date of Birth

Printed or typed name of applicant Date

Federal Background Check Fingerprint and Information Handling Procedure

1. Who needs to be fingerprinted: All individuals 18 years of age or older to be volunteers or8 recommended for hire by the School District need to be fingerprinted under the National Child9 Protection Act and Volunteers for Children’s Act (NCPA/VCA).

2. The School District will obtain a signed waiver from all applicants and provide written12 communication of Applicant Rights and Consent to Fingerprint Form at 5122F. Applicants shall13 also be provided the Applicant Privacy statement at 5120F. The Applicant Rights and Consent to14 Fingerprint Form will be kept on file for 5 years or for the length of employment, which ever is15 longer. The form will be filed in the employees Personnel File.

Basis to Collect and Submit Fingerprints for Purposes of Federal Background Check

Fingerprints are obtained via local law enforcement agencies: Powell County Sheriff’s Office.

A spreadsheet of those fingerprinted is kept by the School District to identify the individual, position22 being hired for, date of fingerprint, date print received and date print billed.

The School District staff that have received training by CRISS will process the fingerprints and send them25 to the DOJ.

LASO

Tara O’Leary has been appointed as the Local Agency Security Officer and acts as the primary point of30 contact between the School District and CRISS. Tara O’Leary is responsible for ensuring CJIS Policy31 compliance by all authorized recipients within the School District LASO is also responsible of any32 Privacy and Security Agreements with those who do not use CHRI on a regular basis. Any change in33 appointment of the LASO or other authorized personnel will be reported to CRISS immediately.

Access of CHRI

All background results are received by Tara O’Leary through the State File Transfer Service. Results are39 printed and stored in a locked filing cabinet in the business office until a determination for employment is40 made. Only authorized personnel that have undergone Privacy and Security Information have access to41 printed criminal history record information. Authorized recipients of CHRI include

Superintendent; Richard Chrisman, Shelly Burton and Tara O’Leary

Printed background checks are reviewed by the Business Manager Tara O’Leary and a determination46 form is completed. If any adverse results are present on the background check, it is given to the47 Superintendent, and Principal for final determination of eligibility. Deer Lodge Elementary utilizes a48 determination form and the CHRI is then shredded.

Determination Procedures

Personnel staff that have been trained by CRISS and granted access to criminal history record information6 will receive the background results through their Montana State File Transfer account.7

a. Results are reviewed for determination of eligibility to hire.8

b. Any adverse reports are presented to the appropriate administrator for final approval.9

c. Determination is noted on a determination form and kept in a locked file cabinet.

Retention and Storage Procedure

All criminal history record information is stored in a locked filing cabinet within the business14 office. Only authorized personnel, Superintendent, Principal, and the Business Manager as noted15 in this policy have access to this information. Only authorized personnel are present during the16 determination process when the criminal record is being reviewed.

Printed background checks are stored until a final determination for employment has been made,19 two weeks or less. A determination form is then completed and CHRI is then destroyed in20 accordance with the Destruction Procedure outlined in this document.

Dissemination Logs are maintained for a period of 3 years from the date of dissemination or23 between audits, and the Applicant Rights and Consent to Fingerprint form is maintained for at24 least five years or the length of employment, whichever is longer.

Dissemination Procedure

The School District does not disseminate criminal history record information with any other agency. A30 copy of our determination form can be provided to outside agencies upon request.

Destruction Procedure

At the end of the retention and storage period outlined in this document, all CHRI and related35 information is shredded in house by (authorized personnel name).

Applicant procedures for challenging or correcting their record Boards will Select One Option:

All applicants are given the opportunity to challenge or complete their record before a final40 determination is made.

Applicants wishing to challenge their record are advised how to obtain a copy of their43 background report.

The applicant is then given 10 days to contact the state or agency in which the record was created to make corrections. After the allotted time, the applicant must then provide the School District47 with a copy of the corrected background report provided by and notarized by the State48

Identification Bureau. The fee associated for a copy of the state record provided by the State4 Identification Bureau will be the responsibility of the applicant.65

Policy and procedures for misuse of CHRI

The School District does not allow dissemination of CHRI to persons or agencies that are not9 directly involved in the hiring and determination process. If CHRI is disseminated outside of the10 authorized receiving department, (agency LASO) will report this to CRISS immediately and11 provide CRISS with an incident response form. The incident response form will include the12 nature of the incident, any internal reprimands that may have resulted from the incident, as well13 as our agencies plan to ensure that this incident does not get repeated.

Training Procedure

• Local Agency Security Officer (LASO)18

o Signed user agreement between district and CRISS19

• Privacy and Security Training20

o CRISS training on CHRI required to receive background reports

Policy History:24

Adopted on: 8/17/2125 Reviewed on:26 Revised on:27

Applicability of Personnel Policies

Except where expressly provided to the contrary, personnel policies apply uniformly to the7 employed staff of the District. However, where there is a conflict between terms of a collective8 bargaining agreement and District policy, the law provides that the terms of the collective9 bargaining agreement shall prevail for staff covered by that agreement.

Board policies will govern when a matter is not specifically provided for in an applicable12 collective bargaining agreement.

Legal Reference: § 39 31 102, MCA Chapter not limit on legislative authority

Policy History:19 Adopted on:20 Reviewed on: 08/14/201221 Revised on:22

Fingerprints and Criminal Background Investigations

Board policy requires that any finalist recommended to be employed in a paid or volunteer position with7 the District, involving regular unsupervised access to students in schools, as determined by the8 Superintendent, shall submit to a name based and fingerprint criminal background investigation9 conducted by the appropriate law enforcement agency before consideration of the recommendation for10 employment or appointment by the Board. The results of the name based check will be presented to the11 Board, concurrent with the recommendation for employment or appointment. Any subsequent offer of12 employment or appointment will be contingent on results of the fingerprint criminal background check,13 which must be acceptable to the Board, in its sole discretion.

The following applicants for employment, as a condition for employment, will be required, as a condition16 of any offer of employment, to authorize, in writing, a name based and fingerprint criminal background17 investigation:

• A certified teacher seeking full or part time employment with the District;20

• An educational support personnel employee seeking full or part time employment with the21 District;22

• An employee of a person or firm holding a contract with the District, if the employee is assigned23 to the District;24

• A volunteer assigned to work in the District, who has regular unsupervised access to students; and25

• Substitute teachers.*

Any requirement of an applicant to submit to a fingerprint background check will be in compliance with28 the Volunteers for Children Act of 1998 and applicable federal regulations. If an applicant has any prior29 record of arrest or conviction by any local, state, or federal law enforcement agency for an offense other30 than a minor traffic violation, the facts must be reviewed by the Superintendent, who will decide whether31 the applicant will be declared eligible for appointment or employment. Arrests resolved without32 conviction will not be considered in the hiring process, unless the charges are pending.

A copy of the record of convictions obtained from the Department of Justice will be provided to the35 applicant.

Legal Reference: § 44 5 301, MCA Dissemination of public criminal justice information38 § 44 5 302, MCA Dissemination of criminal history record information that is not public criminal justice information § 44 5 303, MCA Dissemination of confidential criminal justice information procedure for dissemination through court

ARM 10.55 716 Substitute Teachers Public Law 105 251, Volunteers for Children Act

Policy History:46

Adopted on: February 9, 1999 Reviewed on:48 Revised on: 08/14/2012

To Whom It May Concern:

You have applied for employment with, will be working in a volunteer position with, or will be providing6 vendor or contractor services to Deer Lodge Elementary School District (the District) for the position of7 (please be specific) ___________________________.

The National Child Protection Act of 1993 (NCPA), Public Law (Pub. L.) 103 209, as amended by the10 Volunteers for Children Act (VCA), Pub. L. 105 251 (Sections 221 and 222 of Crime Identification11 Technology Act of 1998), codified at 42 United States Code (U.S.C.) Sections 5119a and 5119c, authorizes a12 state and national criminal history background check to determine the fitness of an employee, or volunteer, or a13 person with unsupervised access to children, the elderly, or individuals with disabilities.

Pursuant to the VCA, the district (a) to which you have applied for employment or to serve as a volunteer, or16 (b) by which you are employed or serve as a volunteer requests a background check. Your rights and17 responsibilities under the VCA are as follows:

1. Provide a set of fingerprints. These fingerprints will be used to conduct a search of FBI criminal20 history records. The district conducting this background check may use the resulting record only for21 the authorized purpose(s) and will not retain or disseminate it in violation of federal statute,22 regulation, or executive order, or rule, procedure, or standard established by the National Crime23 Prevention and Privacy Compact Council. 5 U.S.C. 552a(b); 28 U.S.C. 534(b); 42 U.S.C. 14616,24 Article IV(c); 28 CFR 20.21(c), 20.33(d) and 906.2(d).

2. Provide your name, address, and date of birth, as appears on a document made or issued by or under27 the authority of the United States Government, a State, political subdivision of a State, a foreign28 government, a political subdivision of a foreign government, an international governmental or an29 international quasi governmental organization which, when completed with information concerning a30 particular individual, is of a type intended or commonly accepted for the purpose of identification of31 individuals. 18 U.S.C. §1028(D)(2).

3. Provide a certification that you (a) have not been convicted of a crime, (b) are not under indictment for34 a crime, or (c) have been convicted of a crime. If you are under indictment or have been convicted of35 a crime, you must describe the crime and the particulars of the conviction, if any.

4. You are entitled to (a) obtain a copy of the background check report and (b) challenge the accuracy38 and completeness of any information contained in any such report and obtain a prompt determination39 as to the validity of such challenge before a final determination is made by the state government40 agency performing the background check. If district policy permits, its officials may provide you with41 a copy of your FBI criminal history record for review and possible challenge. If the district policy42 does not permit it to provide you a copy of the record, you may obtain a copy of the record by43 submitting fingerprints and a fee to the FBI. Information regarding this process may be obtained at44 http://www.fbi.gov/about us/cjis/background checks or by contacting Montana Criminal Records and45 Identification Services at PO Box 201403, Helena MT 59620. 28 CFR, 16.30 through 16.34.

5. Prior to the completion of the background check, the district may choose to deny you unsupervised access to a person to whom the district provides care.

The Superintendent shall access and review State and Federal criminal history records and shall make reasonable efforts to make a determination whether you have been convicted of, or are under pending indictment for, a crime that bears upon your fitness and shall convey that determination to the Board of Trustees. The district shall make reasonable efforts to respond to the inquiry within 15 business days.

Your Name: Middle Maiden Last

Date of Birth:65

Address:7 Street Apt. City State Zip

I have been convicted of, or am under pending indictment for, the following crimes14 [include the dates, location/jurisdiction, circumstances and outcome]:

I have not been convicted of, nor am I under pending indictment for, any crimes.

Your signature below acknowledges this entity has informed you of your privacy rights for21 fingerprint based background check requests used by the entity for non criminal justice purposes.

I have been provided with a copy of this form. I have read and understood the foregoing and my certification24 is true and correct to the best of my knowledge and belief.

Date Signature of Applicant

Adopted on: 04/14/2015 on:4 on:

Whistle Blowing and Retaliation

When district employees know or have reasonable cause to believe that serious instances of wrongful11 conduct (e.g., mismanagement of district resources, violations of law and/or abuse of authority) have12 occurred, they should report such wrongful conduct to the Superintendent or Board Chairperson.

For purposes of this policy, the term “wrongful conduct” shall be defined to include:

• theft of district money, property, or resources;17

• misuse of authority for personal gain or other non district purpose;18

• fraud;19

• violations of applicable federal and state laws and regulations; and/or20

• serious violations of district policy, regulation, and/or procedure.

The Board of Trustees will not tolerate any form of reprisal, retaliation or discrimination against:

• Any employee, or applicant for employment, because he/she opposed any practice that he/she25 reasonably believed to be made unlawful by federal or state laws prohibiting employment26 discrimination on the basis of sex, sexual orientation, race, color, national origin, age, religion, height,27 weight, marital status, handicap or disability.

• Any employee, or applicant for employment, because he/she filed a charge, testified, assisted or30 participated, in any manner, in an investigation, proceeding or hearing under federal or state laws31 prohibiting employment discrimination on the basis of sex, sexual orientation, race, color, national32 origin, age, religion, height, weight, marital status, handicap or disability or because he/she reported a33 suspected violation of such laws according to this policy; or,

• Any employee or applicant because he/she reported, or was about to report, a suspected violation of36 any federal, state or local law or regulation to a public body (unless the employee knew that the report37 was false) or because he/she was requested by a public body to participate in an investigation, hearing38 or inquiry held by that public body or a court.

An employee or applicant for employment who believes that he/she has suffered reprisal, retaliation or41 discrimination in violation of this policy shall report the incident(s) to the Superintendent or his/her42 designee. The Board of Trustees guarantees that no employee or applicant for employment who makes43 such a report will suffer any form of reprisal, retaliation or discrimination for making the report.44 Individuals are forbidden from preventing or interfering with whistle blowers who make good faith45 disclosures of misconduct.

The Board or its agents will not discharge, discipline or otherwise penalize any employee because the employee or someone acting on the employee’s behalf, reports, verbally or in writing, a violation or suspected violation of any state or federal law or regulation or any town/city ordinance or regulation to a

public body, or because an employee is requested by a public body to participate in an investigation,3 hearing or inquiry held by that public body, or a court action. Further, the Board or its agents will not4 discharge, discipline or otherwise penalize any employee because the employee, or a person acting on5 his/her behalf, reports, verbally or in writing, to a public body, as defined in the statutes, concerning6 unethical practices, mismanagement or abuse of authority by the employer. This section does not apply7 when an employee knowingly makes a false report.8 The District will exercise reasonable efforts to:

• investigate any complaints of retaliation or interference made by whistle blowers;11

• take immediate steps to stop any alleged retaliation; and12

• discipline any person associated with the District found to have retaliated against or interfered with a13 whistle blower.

The Board of Trustees considers violations of this policy to be a major offense that will result in16 disciplinary action, up to and including termination, against the offender, regardless of the offender’s17 position within the District.

The Board shall make this policy available to its staff by posting it on its website with its other District20 policies.

Legal References: Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e 3(a)25

Age Discrimination in Employment Act, 29 U.S.C. §623 (d)26

Americans with Disabilities Act, 42 U.S.C. §12203(a) and (b)27

Fair Labor Standards Act, 29 U.S.C. §215(a)(3)28

Occupational Safety and Health Act, 29 U.S.C. §6660(c)29

Family and Medical Leave Act, 29 U.S.C. §261530 National Labor Relations Act, 29 U.S.C. §158(a)

Medical Examinations

Through its overall safety program and various policies pertaining to school personnel, the Board9 will promote the safety of employees during working hours and assist them in the maintenance10 of good health. The Board will encourage all its employees to maintain optimum health through11 the practice of good health habits.

The Board may require physical examinations of its employees, under circumstances defined14 below. The District will maintain results of physical examinations in medical files separate from15 the employee’s personnel file and will release them only as permitted by law.

Physical Examinations

The District participates in a Pre Placement Physical Program for all custodial and maintenance20 personnel and other positions deemed inclusive of this policy as determined by specific Board21 action Subsequent to a conditional offer of employment in a position for which the District may22 require participation in a pre placement physical but before commencement of work, the District23 may require an applicant to have a medical examination and to meet any other health24 requirements which may be imposed by the state. The District may condition an offer of25 employment on the results of such examination, if all employees who received a conditional26 offer of employment in the applicable job category are subject to such examination. The report27 shall certify the employee’s ability to perform the job related functions of the position for which28 the employee is being considered. Such examination shall be used only to determine whether the29 applicant is able to perform with reasonable accommodation job related functions.

All bus drivers, whether full time, regular part time, or temporary part time, are required by state32 law to have a satisfactory medical examination before employment.

Communicable Diseases

If a staff member has a communicable disease and has knowledge that a person with compromised or suppressed immunity attends the school, the staff member must notify the38 school nurse or other responsible person designated by the Board of the communicable disease which could be life threatening to an immune compromised person. The school nurse or other responsible person designated by the Board must determine, after consultation with and on the advice of public health officials, if the immune compromised person needs appropriate accommodation to protect their health and safety.

An employee with a communicable disease shall not report to work during the period of time in which the employee is infectious. An employee afflicted with a communicable disease capable of

being readily transmitted in the school setting (e.g., airborne transmission of tuberculosis) shall4 be encouraged to report the existence of the illness so that precautions may be taken to protect5 the health of others. The District reserves the right to require a statement from an employee’s6 primary care provider, before the employee may return to work.

Confidentiality

In all instances, District personnel will respect an individual’s right to privacy and treat any11 medical diagnosis as confidential information. Any information obtained regarding the medical12 condition or history of any employee will be collected and maintained on separate forms and in13 separate medical files and will be treated as confidential information. Only those individuals with14 a legitimate need to know (i.e., those persons with a direct responsibility for the care of or for15 determining workplace accommodation for the staff person) will be provided necessary medical16 information.

Supervisors and managers may be informed of necessary restrictions on the work or duties of an19 employee and necessary accommodations. First aid and safety personnel may be informed,20 when appropriate, if a staff member with a disability might require emergency treatment.

Legal Reference: 29 U.S.C. 794, Section 504 of the Rehabilitation Act25

42 U.S.C. 12101, et seq.

Americans with Disabilities Act26

29 CFR, Section 1630.14(c)(1)(2)(3) Examination of employees27

Title 49, Chapter 2, MCA Illegal Discrimination28

Title 49, Chapter 4, MCA Rights of Persons With Disabilities29

§ 20 10 103(4), MCA School bus driver qualifications30

ARM 37.114.1010

Employee of School: Day Care Facility Care Provider

ARM 37.111.825 Health Supervision and Maintenance

Policy History:35

Adopted on: February 9, 199936

Reviewed on:37 Revised on: 08/14/2012

Classified Employment and Assignment

Each classified employee will be employed under a written contract of a specified term, of a7 beginning and ending date, within the meaning of § 39 2 912, MCA, after the employee has8 satisfied the requisite probationary period as stated in the respective collective bargaining9 agreements. Those employees not covered under a collective bargaining agreement have a10 probationary period of six (6) months. Should the employee satisfy the probationary period,11 such employee shall have no expectation of continued employment beyond the current contract12 term.

The District reserves the right to change employment conditions affecting an employee’s duties,15 assignment, supervisor, or grade.

The Board will determine salary and wages for classified personnel.

Legal Reference: § 39 2 904, MCA Elements of wrongful discharge presumptive24 probationary period25

Hunter v. City of Great Falls (2002), 2002 MT 33126 Whidden v. Nerison, 294 Mont. 346, 981 P.2d 271 (1999)27

Bowden v. The Anaconda Co., 38 St. Rep. 1974 (D.C. Mont. 1981)28

Scott v. Eagle Watch Inv., Inc., 251 Mont. 191, 828 P.2d 1346 (1991)29 Prout v. Sears, Roebuck & Co., 236 Mont. 152, 722 P.2d 288 (1989)

Policy History:32 Adopted on: February 9, 199933 Reviewed on:34 Revised on: 08/14/201235

Assignments, Reassignments, Transfers

The Superintendent may assign, reassign, and/or transfer positions and duties of all staff.7 Teachers will be assigned at the levels and in the subjects for which they are licensed and8 endorsed, or for which they are enrolled in an internship as defined in ARM 10.55.602 and meet9 the requirements of ARM 10.55.607. The Superintendent will provide for a system of10 assignment, reassignment, and transfer of classified staff, including voluntary transfers and11 promotions. Nothing in this policy prevents reassignment of a staff member during a school12 year.

Classified Staff

The District retains the right of assignment, reassignment, and transfer. Written notice of17 reassignment or involuntary transfer will be given to the employee. The staff member will be18 given opportunity to discuss the proposed transfer or reassignment with the Superintendent.

Teaching

Notice of their teaching assignments relative to grade level, building, and subject area will be23 given to teachers before the beginning of the school year. All District employees assigned24 extracurricular activities as a contract obligation must honor this obligation as a condition of25 employment unless released from this responsibility by the Board.

Provisions governing vacancies, promotions, and voluntary or involuntary transfers may be28 found in negotiated agreements or employee handbooks.

Legal Reference: Bonner School District No. 14 v. Bonner Education Association, MEA33 MFT, NEA, AFT, AFL CIO, (2008) 2008 MT 934 § 20 4 402, MCA Duties of District Superintendent or County High35 School Principal

ARM 10.55.602 Definition of Internship

ARM 10.55.607 Internships

Policy History:41 Adopted on: February 9, 199942 Reviewed on:43 Revised on: 08/14/2012, 10/14/2014

Prohibition on Aiding Sexual Abuse

The district prohibits any employee, contractor or agent from assisting a school employee,9 contractor or agent in obtaining a new job if the individual or district knows or has probable10 cause to believe that such school employee, contractor or agent engaged in sexual misconduct11 regarding a minor or a student in violation of the law. This prohibition does not include the12 routine transmission of administrative and personnel files.

This prohibition does not apply under certain conditions specified by the Every Student Succeeds Act (ESSA) such as:17

1. The matter has been reported to law enforcement authorities and it has been officially18 closed or the school officials have been notified by the prosecutor or police after an19 investigation that there is insufficient information to establish probable cause, or;20

2. The individual has been acquitted or otherwise cleared of the alleged21 misconduct, or;22

3. The case remains open without charges for more than 4 years after the information was23 reported to a law enforcement agency.

Legal Reference: ESSA section 8038, § 8546

Policy History:28 Adopted on: 10/10/201729 Reviewed on:30 Revised on:31

Work Day

Length of Work Day Certified Staff

The current collective bargaining agreement sets forth all conditions pertaining to the certified9 work day, preparation periods, lunches, etc. Arrival time shall generally be as directed by the10 building principal or as stipulated in the agreement.

Length of Work Day Classified Staff

The length of a work day for classified staff is governed by the current collective bargaining16 agreement. A “full time” employee shall be considered to be an eight (8) hour per day/forty17 (40)-hour-per-week employee. The work day is exclusive of lunch but inclusive of breaks unless18 otherwise and specifically provided for by an individual contract. Supervisors will establish19 schedules. Normal office hours in the District will be 8:00 a.m. to 4:00 p.m.

Breaks

The District may make available daily morning and afternoon rest periods of fifteen (15) minutes24 to all full time, classified employees. Hourly personnel may take one (1) fifteen (15) minute rest25 period for each four (4) hours worked in a day. Breaks normally are to be taken approximately26 mid-morning and mid-afternoon and should be scheduled in accordance with the flow of work27 and with approval of the employee’s supervisor.

Legal Reference: 29 USC 201 to 219 Fair Labor Standards Act of 1985 29 CFR 516, et seq. Records to be kept by employers § 39 3 405, MCA Overtime compensation § 39 4 107, MCA State and municipal governments, school districts, mines, mills, and smelters ARM Program of Approved Pupil Instruction Related Days et seq., Wages and Hours

Policy History:41 Adopted on: February 9, 1999 Reviewed on: 08/14/2012 Revised on:

Evaluation of Non Administrative Staff

Each non administrative staff member’s job performance will be evaluated by the staff member’s7 direct supervisor. Non tenured certified staff shall be evaluated, at a minimum, on at least an8 annual basis. Tenured certified staff members may be evaluated according to the terms stated in9 the current collective bargaining agreement if applicable. The evaluation model shall be aligned10 with applicable district goals, standards of the Board of Public Education, and the district’s11 mentorship and induction program. It shall identify what skill sets are to be evaluated, include12 both summative and formative elements, and include an assessment of the educator’s13 effectiveness in supporting every student in meeting rigorous learning goals through the14 performance of the educator’s duties.

The supervisor will provide a copy of the completed evaluation to the staff member and will17 provide opportunity to discuss the evaluation. The original should be signed by the staff member18 and filed with the Superintendent. If the staff member refuses to sign the evaluation, the19 supervisor should note the refusal and submit the evaluation to the Superintendent.

Legal Reference: ARM 10.55.701(4)(a)(b) Board of Trustees

Policy History:27

Adopted on: February 9, 199928 Reviewed on: 08/14/201229 Revised on: 10/14/201430

Personal Conduct

School District employees will abide by all district policies, state and federal laws in the course8 of their employment. Where applicable, employees will abide by and honor the professional9 educator code of conduct.

All employees are expected to maintain high standards of honesty, integrity, professionalism,12 decorum, and impartiality in the conduct of District business. All employees shall maintain13 appropriate employee student relationship boundaries in all respects, including but not limited to14 personal, speech, print, and digital communications. Failure to honor the appropriate employee15 student relationship boundary will result in a report to the Department of Public Health and16 Human Services and the appropriate law enforcement agency.

In accordance with state law, an employee shall not dispense or utilize any information gained19 from employment with the District, accept gifts or benefits, or participate in business enterprises20 or employment that creates a conflict of interest with the faithful and impartial discharge of the21 employee’s District duties. A District employee, before acting in a manner which might impinge22 on any fiduciary duty, may disclose the nature of the private interest which would create a23 conflict. Care should be taken to avoid using or avoid the appearance of using official positions24 and confidential information for personal advantage or gain Curriculum or materials created25 within the course of the employee’s duties for the District using District resources are considered26 to be the property of the District.

Further, employees are expected to hold confidential all information deemed not to be for public29 consumption as determined by state law and Board policy. Employees also will respect the30 confidentiality of people served in the course of an employee’s duties and use information gained31 in a responsible manner. The Board may discipline, up to and including discharge, any32 employee who discloses confidential and/or private information learned during the course of the33 employee’s duties or learned as a result of the employee’s participation in a closed (executive)34 session of the Board. Discretion should be used even within the school system’s own network of35 communication and confidential information should only be communicated on a need to know36 basis. Employees shall not record or cause to be recorded a conversation by use of a hidden37 electronic or mechanical device which may include any combination of audio or video that38 reproduces a human conversation without the knowledge of all parties to the conversation

Administrators and supervisors may set forth specific rules and regulations governing staff41 conduct on the job within a particular building.

Firearms and Weapons

Employees of the District shall not injure or threaten to injure another person; damage another’s

property or that of the District; or possess any firearm or other non firearm weapon on school4 property at any time.

For the purposes of this policy, the term “firearm” means (A) any weapon which will or is7 designed to or may readily be converted to expel a projectile by the action of an explosive; (B)8 the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any9 destructive device pursuant to

18 U.S.C. 921 (4). Such term does not include an antique firearm pursuant to 18 U.S.C. 92112 (16) For purposes of this policy, “non firearm weapon” means any object, device, or instrument13 designed as a weapon or through its use is capable of intimidating threatening or producing14 bodily harm or which may

be used to inflict injury, including but not limited to air guns; pellet guns; BB guns; fake or17 facsimile weapons; all knives; blades; clubs; metal knuckles; nunchucks; throwing stars;18 explosives; fireworks; mace or other propellants; stun guns; ammunition; poisons; chains;19 arrows; and objects that have been modified to serve as a weapon.

District administrators are authorized to appropriate action, as circumstances warrant, to enforce22 this section of the policy including but not limited to requesting the assistance of law23 enforcement in accordance with Montana law.

For the purposes of this policy, “school property” means within school buildings, in vehicles26 used for school purposes, or on owned or leased school land or grounds. “Building” specifically27 means a combination of any materials, whether mobile, portable, or fixed, to form a structure and28 the related facilities for the use or occupancy by persons or property owned or leased by a local29 school district that are used for instruction or for student activities as specified in Section 50 6030 101(2), MCA and Section 45 8 361, MCA. The term is construed as though followed by the31 words "or part or parts of a building" and is considered to include all stadiums, bleachers, and32 other similar outdoor facilities, whether temporary or permanently fixed.

This section does not apply to a law enforcement officer acting in the officer’s official capacity35 or an individual previously authorized by the Board of Trustees to possess a firearm or weapon36 in a school building

The Board of Trustees shall annually review this policy and update this policy as determined39 necessary by the trustees based on changing circumstances pertaining to school safety.

Cross Reference: Professional Educators of Montana Code of Ethics42 5121 Applicability of Personnel Policies 3311 Firearms and Weapons Abused and Neglected Children 4332 Conduct on School Property

1

School officers not to act as agents2

Legal Reference: § 20 1 201, MCA

Title 2, Chapter 2, Part 1 Standards of Conduct3

§ 39 2 102, MCA What belongs to employer4

§ 45 8 361, MCA Possession or allowing possession of5 a weapon in a school building6

§ 45 5 501, MCA Definitions7 § 45 5 502, MCA Sexual Assault8

ARM 10.55.701(2)(d) Board of Trustees9 § 45 8 213, MCA Privacy in communications

Policy History:12

Adopted on: 2/9/199913 Reviewed on: 8/14/1214 Revised on: 7/9/19, 8/17/2115

Political Activity

The Board recognizes its employees’ rights of citizenship, including but not limited to engaging7 in political activities. A District employee may seek an elective office, provided the employee8 does not campaign on school property during working hours, and provided all other legal9 requirements are met. The District assumes no obligation beyond making such opportunities10 available. An employee elected to office is entitled to take a leave of absence without pay, in11 accordance with the provisions of § 2 18 620, MCA.

No person, in or on District property, may attempt to coerce, command, or require a public14 employee to support or oppose any political committee, the nomination or election of any person15 to public office, or the passage of a ballot issue.

No District employee may solicit support for or in opposition to any political committee, the18 nomination or election of any person to public office, or the passage of a ballot issue, while on19 the job or in or on District property.

Nothing in this policy is intended to restrict the right of District employees to express their22 personal political views.

Legal Reference: 5 USC 7321, et seq. Hatch Act27 § 2 18 620, MCA Mandatory leave of absence for employees holding28 public office return requirements29 § 13 35 226, MCA Unlawful acts of employers and employees

Policy History:32 Adopted on: February 9, 199933 Reviewed on: 08/14/201234 Revised on:35

All District workplaces are drug and alcohol free. All employees are prohibited from:

• Unlawfully manufacturing, dispensing, distributing, possessing, using, or being under the9 influence of a controlled substance while on District premises or while performing work10 for the District, including employees possessing a “medical marijuana” card.11

• Distributing, consuming, using, possessing, or being under the influence of alcohol while12 on District premises or while performing work for the District.

For purposes of this policy, a controlled substance is one that is:

• Not legally obtainable;

• Being used in a manner other than as prescribed;18

• Legally obtainable but has not been legally obtained; or19

• Referenced in federal or state controlled substance acts.

As a condition of employment, each employee will:

• Abide by the terms of the District policy respecting a drug and alcohol free workplace;24 and25

• Notify his or her supervisor of his or her conviction under any criminal drug statute, for a26 violation occurring on District premises or while performing work for the District, no27 later than five (5) days after such conviction.

In order to make employees aware of dangers of drug and alcohol abuse, the District will30 endeavor to:

• Provide each employee with a copy of the District drug and alcohol free workplace33 policy;

• Post notice of the District drug and alcohol free workplace policy in a place where other35 information for employees is posted;

• Enlist the aid of community and state agencies with drug and alcohol informational and rehabilitation programs, to provide information to District employees; and

• Inform employees of available drug and alcohol counseling, rehabilitation, reentry, and any employee assistance programs.

District Action Upon Violation of Policy

An employee who violates this policy may be subject to disciplinary action, including termination. Alternatively, the Board may require an employee to successfully complete an appropriate drug or alcohol abuse, employee assistance rehabilitation program.

The Board will take disciplinary action with respect to an employee convicted of a drug offense4 in the workplace, within thirty (30) days of receiving notice of a conviction.65

Should District employees be engaged in the performance of work under a federal contract or7 grant, or under a state contract or grant, the Superintendent will notify the appropriate state or8 federal agency from which the District receives contract or grant moneys of an employee’s9 conviction, within ten (10) days after receiving notice of the conviction.

Legal Reference: 41 USC 702, 703, 706 Drug free workplace requirements for14 Federal grant recipients15

Johnson v. Columbia Falls Aluminum Company LLC, 2009 MT 108N.16 § 50 46 205(20(b), MCA Limitations of medical Marijuana Act

Policy History:19 Adopted on: February 9, 199920 Reviewed on:21 Revised on: 08/14/201222

Drug and Alcohol Testing for School Bus and Commercial Vehicle Drivers

The District will adhere to federal law and regulations requiring a drug and alcohol testing7 program for school bus and commercial vehicle drivers.98

The program will comply with requirements of the Code of Federal Regulations, Title 49, §§10 382, et seq. The Superintendent will adopt and enact regulations consistent with federal11 regulations, defining the circumstances and procedures for testing.

Legal Reference: 49 U.S.C. § 45101, Alcohol and Controlled Substances Testing (Omnibus16 Transportation Employee Testing Act of 1991)17

49 C.F.R. Parts 40 (Procedures for Transportation Workplace Drug and18 Alcohol Testing Programs), 382 (Controlled substance and alcohol use19 and testing), and 395 (Hours of service of drivers)

Policy History:22 Adopted on: February 9, 199923 Reviewed on: 08/14/201224 Revised on:25

Drug and Alcohol Testing for School Bus and Commercial Vehicle Drivers

School bus and commercial vehicle drivers shall be subject to a drug and alcohol testing program7 that fulfills the requirements of the Code of Federal Regulations, Title 49, Part 382.

Other persons who drive vehicles designed to transport sixteen (16) or more passengers,10 including the driver, are likewise subject to the drug and alcohol testing program.

Testing procedures and facilities used for the tests shall conform with the requirements of the13 Code of Federal Regulations, Title 49, §§ 40, et seq.

Pre Employment Tests

Tests shall be conducted before the first time a driver performs any safety-sensitive function for18 the District.

Safety sensitive functions include all on duty functions performed from the time a driver begins21 work or is required to be ready to work, until he/she is relieved from work and all responsibility22 for performing work. It includes driving; waiting to be dispatched; inspecting and servicing23 equipment; supervising, performing, or assisting in loading and unloading; repairing or obtaining24 and waiting for help with a disabled vehicle; performing driver requirements related to accidents;25 and performing any other work for the District or paid work for any entity.

The tests shall be required of an applicant only after he/she has been offered the position.

Exceptions may be made for drivers who have had the alcohol test required by law within the30 previous six (6) months and participated in the drug testing program required by law within the31 previous thirty (30) days, provided that the District has been able to make all verifications32 required by law.

Post Accident Tests

Alcohol and controlled substance tests shall be conducted as soon after an accident as practicable37 on any driver:

1. Who was performing safety sensitive functions with respect to the vehicle, if the accident40 involved loss of human life; or

2. Who receives a citation under state or local law, for a moving traffic violation arising from the accident.

Drivers shall make themselves readily available for testing, absent the need for immediate

medical attention.

No such driver shall use alcohol for eight (8) hours after the accident, or until after he/she6 undergoes a post accident alcohol test, whichever occurs first.

If an alcohol test is not administered within two (2) hours or if a drug test is not administered9 within thirty two (32) hours, the District shall prepare and maintain records explaining why the10 test was not conducted. Tests will not be given if not administered within eight (8) hours after11 the accident for alcohol or within thirty two (32) hours for drugs.

Tests conducted by authorized federal, state, or local officials will fulfill post accident testing14 requirements, provided they conform to applicable legal requirements and are obtained by the15 District. Breath tests will validate only the alcohol test and cannot be used to fulfill controlled16 substance testing obligations.

Random Tests

Tests shall be conducted on a random basis at unannounced times throughout the year. Tests for21 alcohol shall be conducted just before, during, or just after the performance of safety sensitive22 functions. The number of random alcohol tests annually must equal twenty five percent (25%)23 of the average number of driver positions. The number of random drug tests annually must equal24 fifty percent (50%) of the average number of driver positions. Drivers shall be selected by a25 scientifically valid random process, and each driver shall have an equal chance of being tested26 each time selections are made.

Reasonable Suspicion Tests

Tests shall be conducted when a supervisor or District official trained in accordance with law has31 reasonable suspicion that the driver has violated the District’s alcohol or drug prohibitions. This32 reasonable suspicion must be based on specific, contemporaneous, articulable observations33 concerning the driver’s appearance, behavior, speech, or body odors. The observations may34 include indications of the chronic and withdrawal effects of controlled substances.

Alcohol tests are authorized for reasonable suspicion only if the required observations are made37 during, just before, or just after the period of the work day when the driver must comply with38 alcohol prohibitions. An alcohol test may not be conducted by the person who determines that39 reasonable suspicion exists to conduct such a test. If an alcohol test is not administered within two (2) hours of a determination of reasonable suspicion, the District shall prepare and maintain a record explaining why this was not done. Attempts to conduct alcohol tests shall terminate after eight (8) hours.

A supervisor or District official who makes observations leading to a controlled substance reasonable suspicion test shall make a written record of his/her observations within twenty four

(24) hours of the observed behavior or before the results of the drug test are released, whichever4 is earlier.

Enforcement

Any driver who refuses to submit to a post accident, random, reasonable suspicion, or follow up9 test shall not perform or continue to perform safety sensitive functions.

Drivers who test positive for alcohol or drugs shall be subject to disciplinary action up to and12 including dismissal.

A driver who violates District prohibitions related to drugs and alcohol shall receive from the15 District the names, addresses, and telephone numbers of substance abuse professionals and16 counseling and treatment programs available to evaluate and resolve drug and alcohol related17 problems. The employee shall be evaluated by a substance abuse professional who shall18 determine what help, if any, the driver needs in resolving such a problem. Any substance abuse19 professional who determines that a driver needs assistance shall not refer the driver to a private20 practice, person, or organization in which he/she has a financial interest, except under21 circumstances allowed by law.

An employee identified as needing help in resolving a drug or alcohol problem shall be evaluated24 by a substance abuse professional to determine that he/she has properly followed the prescribed25 rehabilitation program and shall be subject to unannounced follow up tests after returning to26 duty.

Return to Duty Tests

A drug or alcohol test shall be conducted when a driver who has violated the District’s drug or31 alcohol prohibition returns to performing safety sensitive duties.

Employees whose conduct involved drugs cannot return to duty in a safety sensitive function34 until the return to duty drug test produces a verified negative result.

Employees whose conduct involved alcohol cannot return to duty in a safety sensitive function37 until the return to duty alcohol test produces a verified result that meets federal and District38 standards.

Follow Up Tests

A driver who violates the District’s drug or alcohol prohibition and is subsequently identified by a substance abuse professional as needing assistance in resolving a drug or alcohol problem shall be subject to unannounced follow up testing as directed by the substance abuse professional in accordance with law. Follow up alcohol testing shall be conducted just before, during, or just

after the time when the driver is performing safety sensitive functions.

Employee drug and alcohol test results and records shall be maintained under strict8 confidentiality and released only in accordance with law. Upon written request, a driver shall9 receive copies of any records pertaining to his/her use of drugs or alcohol, including any records10 pertaining to his/her drug or alcohol tests. Records shall be made available to a subsequent11 employer or other identified persons only as expressly requested in writing by the driver.

Notifications

Each driver shall receive educational materials that explain the requirements of the Code of16 Federal Regulations, Title 49, Part 382, together with a copy of the District’s policy and17 regulations for meeting these requirements. Representatives of employee organizations shall be18 notified of the availability of this information. The information shall identify:

1. The person designated by the District to answer driver questions about the materials;

2. The categories of drivers who are subject to the Code of Federal Regulations, Title 49,23 Part 382;

3. Sufficient information about the safety sensitive functions performed by drivers to make26 clear what period of the work day the driver is required to comply with Part 382;

4. Specific information concerning driver conduct that is prohibited by Part 382;

5. The circumstances under which a driver will be tested for drugs and/or alcohol under Part31 382;

6. The procedures that will be used to test for the presence of drugs and alcohol, protect the34 driver and the integrity of the testing processes, safeguard the validity of test results, and35 ensure that test results are attributed to the correct driver;

7. The requirement that a driver submit to drug and alcohol tests administered in accordance38 with Part 382;

8. An explanation of what constitutes a refusal to submit to a drug or alcohol test and the41 attendant consequences;

9. The consequences for drivers found to have violated the drug and alcohol prohibitions of44 Part 382, including the requirement that the driver be removed immediately from safety45 sensitive functions and the procedures for referral, evaluation, and treatment;

10. The consequences for drivers found to have an alcohol concentration of 0.02 or greater4 but less than 0.04; and65

11. Information concerning the effects of drugs and alcohol on an individual’s health, work,7 and personal life; signs and symptoms of a drug or alcohol problem (the driver’s or a8 coworker’s); and available methods of intervening when a drug or alcohol problem is9 suspected, including confrontation, referral to an employee assistance program, and/or10 referral to management.

Drivers shall also receive information about legal requirements, District policies, and13 disciplinary consequences related to the use of alcohol and drugs.

Each driver shall sign a statement certifying that he/she has received a copy of the above16 materials.

Before any driver operates a commercial motor vehicle, the District shall provide him/her with19 post accident procedures that will make it possible to comply with post accident testing20 requirements.

Before drug and alcohol tests are performed, the District shall inform drivers that the tests are23 given pursuant to the Code of Federal Regulations, Title 49, Part 382. This notice shall be24 provided only after the compliance date specified in law.

The District shall notify a driver of the results of a pre-employment drug test if the driver27 requests such results within sixty (60) calendar days of being notified of the disposition of his/28 her employment application.

The District shall notify a driver of the results of random, reasonable suspicion, and post31 accident drug tests if the test results are verified positive. The District shall also tell the driver32 which controlled substance(s) were verified as positive.

Drivers shall inform their supervisors if at any time they are using a controlled substance which35 their physician has prescribed for therapeutic purposes. Such a substance may be used only if36 the physician has advised the driver that it will not adversely affect his/her ability to safely37 operate a commercial motor vehicle.

Procedure History:42 Promulgated on: February 9, 199943 Reviewed on: 08/14/201244 Revised on:45

Prevention of Disease Transmission

All District personnel will be advised of routine procedures to follow in handling body fluids.7 These procedures, developed in consultation with public health and medical personnel, will8 provide simple and effective precautions against transmission of diseases to persons exposed to9 the blood or body fluids of another. The procedures will follow standard health and safety10 practices. No distinction will be made between body fluids from individuals with a known11 disease or infection and from individuals without symptoms or with an undiagnosed disease.

The District will provide training on procedures on a regular basis. Appropriate supplies will be14 available to all personnel, including those involved in transportation and custodial services.

Policy History:19 Adopted on: February 9, 199920 Reviewed on: 08/14/201221 Revised on:22

Personnel Records

The District maintains a complete personnel record for every current and former employee. The7 employees’ personnel records will be maintained in the District’s administrative office, under the8 Superintendent’s direct supervision. Employees will be given access to their personnel records,9 in accordance with guidelines developed by the Superintendent.

In addition to the Superintendent or other designees, the Board may grant a committee or a12 member of the Board access to cumulative personnel files. When specifically authorized by the13 Board, counsel retained by the Board or by the employee will also have access to a cumulative14 personnel file.

In accordance with federal law, the District shall release information regarding the professional17 qualifications and degrees of teachers and the qualifications of paraprofessionals to parents upon18 request, for any teacher or paraprofessional who is employed by a school receiving Title I funds,19 and who provides instruction to their child at that school. Access to other information contained20 in the personnel records of District employees is governed by Policy 4340.

Cross Reference: 4340 Public Access to District Records

Legal Reference: 10.55.701, ARM Board of Trustees27 No Child Left Behind Act of 2001, P.L. 107 334

Policy History:30 Adopted on: February 9, 199931 Reviewed on: 08/14/201232 Revised on: January 14, 200333

The District shall maintain a cumulative personnel file in the administrative office for each of its7 employees, as required by the Office of Public Instruction and current personnel policies. These8 records are not to leave the administrative office except as specifically authorized by the9 Superintendent, and then only by signed receipt. Payroll records are maintained separately.

Contents of Personnel Files

A personnel file may contain but is not limited to transcripts from colleges or universities,14 information allowed by statute, a record of previous employment (other than college placement15 papers for periods beyond active candidacy for a position), evaluations, copies of contracts, and16 copies of letters of recommendation requested by an employee. All material in the personnel file17 must be related to the employee’s work, position, salary, or employment status in the District.18 All documents, communications, and records dealing with the processing of a grievance shall be19 filed separately from the personnel files of the participants.

No material derogatory to an employee’s conduct, service, character, or personality shall be22 placed in the file, unless such placement is authorized by the Superintendent, as indicated by the23 Superintendent’s initials, and unless the employee has had adequate opportunity to read the24 material. For the latter purpose, the Superintendent shall take reasonable steps to obtain the25 employee’s initials or signature verifying that the employee has received a copy of the material.26 If the employee refuses to sign the document indicating that the employee has had an opportunity27 to read it, the Superintendent will place an addendum to the document, noting that the employee28 was given a copy but refused to sign. The Superintendent will date and sign the addendum.

Disposition of Personnel Files

An employee, upon termination, may request transcripts of college and university work. Any33 confidential college or university placement papers shall be returned to the sender or destroyed at34 the time of employment. All other documents shall be retained and safeguarded by the District35 for such periods as prescribed by law.

Record Keeping Requirements Under the Fair Labor Standards Act

1. Records required for ALL employees:

A. Name in full (same name as used for Social Security);

B. Employee’s home address, including zip code;

C. Date of birth if under the age of nineteen (19);

D. Sex (may be indicated with Male/Female, M/F, Mr./Mrs./Miss/Ms.);

E. Time of day and day of week on which the employee’s workweek begins;

F. Basis on which wages are paid (such as $5/hour, $200/week, etc.);4

G. Any payment made which is not counted as part of the “regular rate”;5 H. Total wages paid each pay period.

2. Additional records required for non exempt employees:98

A. Regular hourly rate of pay during any week when overtime is worked;10

B. Hours worked in any workday (consecutive twenty four (24) hour period);11

C. Hours worked in any workweek (or work period in case of 207[k]);12

D. Total daily or weekly straight-time earnings (including payment for hours in13 excess of forty (40) per week but excluding premium pay for overtime);14

E. Total overtime premium pay for a workweek;15

F. Date of payment and the pay period covered;16

G. Total deductions from or additions to wages each pay period;17

H. Itemization of dates, amounts, and reason for the deduction or addition,18 maintained on an individual basis for each employee;19

I. Number of hours of compensatory time earned each pay period;20

J. Number of hours of compensatory time used each pay period;21

K. Number of hours of compensatory time compensated in cash, the total amount22 paid, and the dates of such payments;23

L. The collective bargaining agreements which discuss compensatory time, or24 written understandings with individual non union employees.

All records obtained in the application and hiring process shall be maintained for at least two (2)27 years. History:36

Promulgated on: February 9, 1999 Reviewed on: 08/14/2012 Revised on:

Child Abuse, Neglect, and Sex Trafficking Reporting

A District employee who has reasonable cause to suspect, as a result of information they receive7 in their professional or official capacity, that a child is abused, neglected, or subjected to sex8 trafficking by anyone regardless of whether the person suspected of causing the abuse, neglect,9 or trafficking is a parent or other person responsible for the child's welfare, shall report the10 matter promptly to the Department of Public Health and Human Services or local law11 enforcement.

Child abuse or neglect means actual physical or psychological harm to a child, substantial risk of14 physical or psychological harm to a child, exposure to or involvement with sex trafficking, and15 abandonment This definition includes sexual abuse and sexual contact by or with a student The16 obligation to report suspected child abuse or neglect also applies to actual or attempted sexual or17 romantic contact between a student and a staff member

The District administration is authorized to provide access to educational resources for interested20 parents, teachers, and students on how to prevent and report child abuse, neglect and sex21 trafficking; identify the warning signs of child abuse, neglect and sex trafficking; recognize22 predatory behaviors; and coordinate efforts with law enforcement, the Department of Public23 Health and Human Services, and local organizations on these topics.

A District employee who makes a report of child abuse, neglect, or sex trafficking is encouraged26 to notify the building administrator of the report. An employee does not discharge the obligation27 to personally report by notifying the Superintendent or principal.

Any District employee who fails to report a suspected case of abuse, neglect, or sex trafficking to30 law enforcement or the Department of Public Health and Human Services, or who prevents31 another person from doing so, may be civilly liable for damages proximately caused by such32 failure or prevention and is guilty of a misdemeanor. The employee will also be subject to33 disciplinary action up to and including termination.

When a District employee makes a report, the Department of Public Health and Human Services36 may share information with that individual or others as permitted by law Individuals in the37 District who receive information related to a report of child abuse, neglect, or sex trafficking38 shall maintain the confidentiality of the information

Cross Reference: 5223 Personal Conduct Sexual Harassment of Students

Legal

§ 41 3 205, MCA Confidentiality disclosure exceptions

§ 41 3 207, MCA Penalty for failure to report

§ 45 5 501, MCA Definitions

§ 45 5 502, MCA Sexual Assault

§ 20 7 1316, MCA Child Sex Trafficking Prevention

Policy History:12 Adopted on: 2/9/99 Reviewed on: 8/14/1214 Revised on: 12/13/16, 8/17/21

Deer Lodge

Deer Lodge Elementary School District5 Report of Suspected Child Abuse or Neglect Hot Line Number 866 820 5437

Original to: Department of Public Health and Human Services9 Copy to: Building Principal1110

From: Title: ______________________________1312 School: Phone: __________________1514

Persons contacted: □ Principal □ Teacher □ School Nurse □ Other ______________1716

Name of Minor: Date of Birth: __________________1918 Address: Phone: _______________________2120

Date of Report: Attendance Pattern: _______________________________2322

Father: Address: Phone: __________2524 Mother: Address: Phone: __________2726 Guardian or28 Stepparent: Address: Phone: __________3029

Any suspicion of injury/neglect to other family members: ______________________________3231

Nature and extent of the child’s injuries, including any evidence of previous injuries, and any33 other information which may be helpful in showing abuse or neglect, including all acts which34 lead you to believe the child has been abused or neglected: ______________________________35 3736

Previous action taken, if any: _____________________________________________________

Follow up by Department of Public Health and Human Services (DPHHS to complete and return42 copy to the Building Principal):4443

Date Received: Date of Investigation: ________________45

Resolution of Staff Complaints/Problem Solving

As circumstances allow, the District will attempt to provide the best working conditions for its7 employees. Part of this commitment is encouraging an open and frank atmosphere in which any8 problem, complaint, suggestion, or question is answered quickly and accurately by District9 supervisors or administration.

The District will endeavor to promote fair and honest treatment of all employees. Administrators12 and employees are all expected to treat each other with mutual respect. Each employee has the13 right to express his or her views concerning policies or practices to the administration in a14 businesslike manner, without fear of retaliation. Employees are encouraged to offer positive and15 constructive criticism.

Each employee is expected to follow established rules of conduct, policies, and practices.18 Should an employee disagree with a policy or practice, the employee can express his or her19 disagreement through the District’s grievance procedure. No employee shall be penalized,20 formally or informally, for voicing a disagreement with the District in a reasonable, businesslike21 manner or for using the grievance procedure. An employee filing a grievance under a22 collective bargaining agreement is required to follow the grievance procedure for that23 particular agreement.

Cross Reference: 1700 Uniform Complaint Procedure

Policy History:30 Adopted on: February 9, 199931 Reviewed on:32 Revised on: 08/14/201233

Resignations

The Board authorizes the Superintendent to accept on its behalf resignations from any District7 employee. The Superintendent shall provide written acceptance of the resignation, including the8 date of acceptance, to the employee, setting forth the effective date of the resignation.

Once the Superintendent has accepted the resignation, it may not be withdrawn by the employee.11 The resignation and its acceptance should be reported as information to the Board at the next12 regular or special meeting.

Legal Reference: Booth v. Argenbright, 225 M 272, 731 P 2d 1318, 44 St. Rep. 227 (1987)

Policy History:19 Adopted on: February 9, 199920 Reviewed on:21 Revised on: 08/14/201222

Retirement Programs for Employees

All District employees shall participate in retirement programs under the Federal Social Security7 Act and either the Teachers’ Retirement System or the Public Employees’ Retirement System in8 accordance with state retirement regulations.

Certified employees who intend to retire at the end of the current school year should notify the11 Superintendent in writing prior to April 1 of that year.

Those employees intending to retire, who are not contractually obligated to complete the school14 year, should notify the Superintendent as early as possible and no less than sixty (60) days before15 their retirement date.

The relevant and most current negotiated agreements for all categories of employees shall18 specify severance stipends and other retirement conditions and benefits.

The District will contribute to the PERS whenever a classified employee is employed for more21 than the equivalent of one hundred twenty (120) full days (960 hours) in any one (1) fiscal year.22 Part time employees who are employed for less than 960 hours in a fiscal year may elect PERS23 coverage, at their option and in accordance with § 19 3 412, MCA.

Legal Reference: Title 19, Chapter 1, MCA Social Security28

Title 19, Chapter 3, MCA Public Employees’ Retirement System29

Title 19, Chapter 20, MCA Teachers’ Retirement

Policy History:32 Adopted on: February 9, 199933 Reviewed on:34 Revised on: 08/14/201235

Payment of Employer Contributions and Interest on Previous Service

A Public Employees’ Retirement System (PERS) member may purchase: (1) all or a portion of7 the member’s employment with an employer prior to the time the employer entered into a8 contract for PERS coverage; and (2) all or a portion of the member’s employment for which9 optional PERS membership was declined (both of which are known as previous service).

The member must file a written application with the PERS Board to purchase all or a portion of12 the employment for service credit and membership service. The application must include salary13 information certified by the member’s employer or former employer.

The District has the option to pay, or not to pay, the employer’s contributions due on previous16 service and the option to pay, or not to pay, the outstanding interest due on the employer’s17 contributions for the previous service.

It is the policy of this District to not pay the employer’s contributions due on previous service.

It is also the policy of this District to not pay the outstanding interest due on the employer’s22 contributions for the previous service.

This policy will be applied indiscriminately to all employees and former employees of this25 District.

Legal Reference: § 19 3 505, MCA Purchase of previous employment with employer3130

Policy History:32 Adopted on: 08/14/201233 Reviewed on:34 Revised on:35

Employer Payment Policy

I. Section 19 3 505, MCA

Payment of Employer Contributions and Interest on Previous Service

A Public Employees' Retirement System (PERS) member may purchase (1) all or a portion of the member's employment with an employer prior to the time the employer entered into a contract for PERS coverage and (2) all or a portion of the member's employment for which optional PERS membership was declined (both of which are known as previous service). PERS employers must establish policies regarding payment of employer contributions and employer interest due for the previous service being purchased by an employee. The policy must be applied indiscriminately to all employees and former employees. Thus, it is our policy to:

not pay the employer's contributions due on previous service. and to: not pay the outstanding interest due on the employer's contributions for the previous service.

II. Section 19 3 504, MCA

Payment of Interest on Employer Contributions for Workers' Compensation Time

A PERS member may purchase time during which the member is absent from service because of an employment related injury entitling the member to workers' compensation payments. PERS employers are required to pay employer contributions and must establish a policy for the payment of interest on employer contributions due for the workers' compensation time being purchased by an employee. The policy regarding payment of interest must be applied to all employees similarly situated. Thus, it is our policy to:

not pay the outstanding interest due on the employer's contributions for the employee's purchase of workers' compensation time. OF

Disciplinary Action

District employees who fail to fulfill their job responsibilities or to follow reasonable directions7 of their supervisors, or who conduct themselves on or off the job in ways that affect their8 effectiveness on the job, may be subject to discipline. Behavior, conduct, or action that may call9 for disciplinary action or dismissal includes but is not limited to reasonable job related grounds10 based on a failure to satisfactorily perform job duties, disruption of the District’s operation, or11 other legitimate reasons.

The District’s restrictions on students who have brought to, or possess a firearm at, any setting14 that is under the control and supervision of the school district and a student who has been found15 to have possessed, used or transferred a weapon on school district property apply to all16 employees of the District pursuant to Policy 3311.

The Superintendent is authorized to immediately suspend a staff member.

Cross Reference Policy 3311 Firearms and Weapons2322

Legal Reference: § 20 3 210, MCA Controversy appeals and hearings24

§ 20 3 324, MCA Powers and duties25

§ 20 4 207, MCA Dismissal of teacher under contract26 § 39-2-903, MCA Definitions27

Johnson v. Columbia Falls Aluminum Company LLC, 2009 MT 108N.2928

Policy History:30

Adopted on: February 9, 199931 Reviewed on: 08/14/201232 Revised on:33

Reduction in Force

The Board has exclusive authority to determine the appropriate number of employees. A7 reduction in employees may occur as a result of but not be limited to changes in the education8 program, staff realignment, changes in the size or nature of the student population, financial9 considerations, or other reasons deemed relevant by the Board.

The Board will follow the procedure stated in the current collective bargaining agreement, if12 applicable, when considering a reduction in force. The reduction in employees will generally be13 accomplished through normal attrition when possible. The Board may terminate employees, if14 normal attrition does not meet the required reduction in force.

If no collective bargaining agreement covers the affected employee, the Board will consider17 needs of the students, employee performance evaluations, staff needs, and other reasons it deems18 relevant, in determining order of dismissal when it reduces classified staff or discontinues some19 type of educational service.

Cross Reference: 5250 Termination from Employment, Non Renewal of Employment

Legal Reference: § 39 2 912, MCA Exceptions

Policy History:28 Adopted on: 02/09/199929 Reviewed on: 08/14/201230 Revised on: 05/14/201931

Substitutes

The Board authorizes the use of substitute teachers as necessary to replace teachers who are7 temporarily absent. The principal shall arrange for the substitute to work for the absent teacher.8 Under no condition is a teacher to select or arrange for a private substitute.

The Board annually establishes a daily rate of pay for substitute teachers. No fringe benefits are11 given to substitute teachers.

Substitutes for classified positions will be paid by the hour. When a classified employee is called14 upon to substitute for a teacher, the teacher sub rate shall apply unless the classified rate of pay is15 higher.

All substitute teachers will be required to undergo fingerprint and background checks.

Policy History:22 Adopted on: February 9, 199923 Reviewed on: 08/14/201224 Revised on:25

Leaves of Absence

Sick and Bereavement Leave

Certified and classified employees will be granted sick leave according to terms of their9 collective bargaining agreements Uncovered classified employees shall be granted sick leave10 benefits.

Classified employees will be granted sick leave benefits in accordance with § 2-18-618, MCA. For classified staff, “sick leave” is defined as a leave of absence, with pay, for a sickness14 suffered by an employee or an employee’s immediate family. “Immediate family” means the employee’s spouse and children residing in the employee’s household. Sick leave may be used by an employee when they are unable to perform job duties because of:

• A physical or mental illness, injury, or disability;

• Maternity or pregnancy related disability or treatment, including prenatal care, birth, or21 medical care for the employee or the employee’s child;

• Parental leave for a permanent employee as provided in § 2 18 606, MCA;

• Quarantine resulting from exposure to a contagious disease;

• Examination or treatment by a licensed health care provider;

• Short term attendance, in an agency’s discretion, to care for a person (who is not the30 employee or a member of the employee’s immediate family) until other care can31 reasonably be obtained;

• Necessary care for a spouse, child or parent with a serious health condition, as defined in34 the Family and Medical Leave Act of 1993; or

• Death or funeral attendance of an immediate family member or, at an agency’s discretion, another person.

Nothing in this policy guarantees approval of the granting of such leave in any instance. The District will judge each request in accordance with this policy and governing collective bargaining agreements.

It is understood that seniority will accumulate while a teacher or employee is utilizing sick leave credits. Seniority will not accumulate, unless an employee is in a paid status. Abuse of sick leave is cause for disciplinary action up to and including termination.

An employee who has suffered a death in the immediate family will be eligible for bereavement4 leave. The Superintendent has the authority to grant bereavement leave for up to five (5) days.5 Bereavement leave longer than five (5) days must be approved by the Board. Such leave will not6 exceed three (3) months unless prescribed by a physician.

Personal Leave

Teachers will be granted personal leave according to terms of the current collective bargaining11 agreement. Upon recommendation of the Superintendent, and in accordance with law and

Civic Duty Leave

Leaves for service on either a jury or in the Legislature will be granted in accordance with state16 and federal law. A certified staff member hired to replace one serving in the Legislature does not17 acquire tenure.

An employee who is summoned to jury duty or subpoenaed to serve as a witness may elect to20 receive regular salary or to take annual leave during jury time. An employee who elects not to21 take annual leave, however, must remit to the District all juror and witness fees and allowances22 (except for expenses and mileage). The District may request the court to excuse an employee23 from jury duty, when an employee is needed for proper operation of the school.

Association Leave

The District may grant leaves, subject to the recommendation of the administrator and approved28 by the Board, to the employees for the purpose of attending meetings or conferences that will29 increase the employee’s knowledge or skills for the job. The condition of this leave are30 contained in the collective bargaining agreement.

Legal Reference: USC

§

§

§

§

Policy History: Adopted on: February 9, 1999 Reviewed on: 08/14/2012 Revised on:46

Reinstatement

Conditions for Use of Leave

Certified staff may use sick leave for those instances listed in the current collective bargaining7 agreement. Classified staff may use sick leave for illness; injury; medical disability; maternity8 related disability, including prenatal care, birth, miscarriage, or abortion; quarantine resulting9 from exposure to contagious disease; medical, dental, or eye examination or treatment; necessary10 care of or attendance to an immediate family member or, at the District’s discretion, another11 relative for the above reasons until other attendants can reasonably be obtained, and death or12 funeral attendance for an immediate family member. Leave without pay may be granted to13 employees upon the death of persons not included in this list.

Accrual and Use of Sick Leave Credits

Certified employees will accrue and may use their sick leave credits according to the current18 collective bargaining agreement.

Classified employees serving in positions that are permanent full time, seasonal full time, or21 permanent part time are eligible to earn sick leave credits, which will accrue from the first (1st)22 day of employment. A classified employee must be employed continuously for a qualifying23 period of ninety (90) calendar days in order to use sick leave. Unless there is a break in service,24 an employee only serves the qualifying period once. After a break in service, an employee must25 again complete the qualifying period to use sick leave. Sick leave may not be taken in advance26 nor may leave be taken retroactively. A seasonal classified employee may carry over accrued27 sick leave credits to the next season if management has a continuing need for the employee or,28 alternatively, may be paid a lump sum for accrued sick leave credits when the season ends, in29 accordance with ARM 2.21.141.

Employees, whether classified or certified, simultaneously employed in two (2) or more32 positions, will accrue sick leave credits in each position according to the number of hours33 worked or a proration of the contract (in the case of certified) worked. Leave credits will be used34 only from the position in which the credits were earned and with approval of the supervisor or35 appropriate authority for that position. Hours in a pay status paid at the regular rate will be used36 to calculate leave accrual. Sick leave credits will not accrue for those hours exceeding forty (40)37 hours in a workweek, which are paid as overtime hours or recorded as compensatory time. A38 full time employee will not earn less than nor more than the full time sick leave accrual rate39 provided classified employees.

When an employee who has not worked the qualifying period for use of sick leave takes an approved continuous leave of absence without pay in excess of fifteen (15) working days, the amount of time an employee is on leave of absence will not count toward completion of the qualifying period. The approved leave of absence exceeding fifteen (15) working days is not a break in service, and the employee will not lose any accrued sick leave credits nor lose credit for

time earned toward the qualifying period. An approved continuous leave of absence without pay4 of fifteen (15) working days or less will be counted as time earned toward the ninety (90) day5 qualifying period.

Calculation of Sick Leave Credits

Certified employees will earn sick leave credits at the rate stated in the current collective10 bargaining agreement.

Full-time classified employees will earn sick leave credits at the rate of twelve (12) working days13 for each year of service. Sick leave credits will be prorated for part time employees who have14 worked the qualifying period. The payroll office will refine this data by keeping records per hour15 worked.

Sick Leave Banks

Donation of sick leave credits to and use of sick leave credits in the sick leave bank are governed20 by terms of the current collective bargaining agreement.

Lump Sum Payment on Termination of Classified Employees

When a classified employee terminates employment with the District, the employee is entitled to25 cash compensation for one fourth (¼) of the employee’s accrued and unused sick leave credits,26 provided the employee has worked the qualifying period. The value of unused sick leave is27 computed based on the employee’s salary rate at the time of termination.

Industrial Accident

An employee who is injured in an industrial accident may be eligible for workers’ compensation32 benefits. Use of sick leave must be coordinated with receipt of workers’ compensation benefits33 on a case by case basis, by contacting the Montana Schools Group Workers’ Compensation Risk34 Retention Program (WCRRP).

Sick Leave Substituted for Annual Leave

A classified employee who qualifies for use of sick leave while taking approved annual vacation leave, may be allowed to substitute accrued sick leave credits for annual leave credits. Medical40 certification of the illness or disability may be required.

Procedure History:

Promulgated on: February 9, 1999 Reviewed on: 08/14/201245 Revised on:46

Military Leave

Pursuant to the Uniformed Services Employment and Reemployment Rights Act (USERRA) and7 the Montana Military Service Employment Rights, the Superintendent shall grant military leave8 to employees for voluntary or involuntary service in the uniformed services of the United States,9 upon receipt of the required notice. Benefits shall be maintained for these employees as required10 by law and/or collective bargaining agreements. A service member who returns to the District11 for work following a period of active duty must be reinstated to the same or similar position and12 at the same rate of pay unless otherwise provided by law.

Time spent in active military service shall be counted in the same manner as regular employment15 for purposes of seniority or District service unless otherwise provided in a collective bargaining16 agreement.

The District will not discriminate in hiring, reemployment, promotion, or benefits based upon19 membership or service in the uniformed services.

All requests for military leave will be submitted to the Superintendent, in writing, accompanied22 by copies of the proper documentation showing the necessity for the military leave request.

When possible, all requests for military leave will be submitted at least one (1) full month in25 advance of the date military service is to begin.

Persons returning from military leave are asked to give the Superintendent notice of intent to28 return, in writing, as least one (1) full month in advance of the return date.

Legal Reference: 38 U.S.C. §§ 4301 4333 The Uniformed Services Employment and33 Reemployment Act of 1994

§10 1 1004, MCA Rights under federal law

§10 1 1005, MCA

§10 1 1006, MCA

§10 1 1007, MCA

§10 1 1009, MCA

Prohibition against employment discrimination

Entitlement to leave of absence

Right to return to employment without loss of benefits exceptions definition

Paid military leave for public employees

Policy History:43

Adopted on: 08/14/201244 Reviewed on:45 Revised on:46

Breastfeeding in the School and Workplace

Recognizing that breastfeeding is a normal part of daily life for mothers and infants and that7 Montana law authorizes mothers to breastfeed their infants where mothers and children are8 authorized to be, the District shall support women who want to continue breastfeeding after9 returning from maternity leave.

The District shall provide reasonable unpaid break time each day to an employee who needs to12 express milk for a child The District is not required to provide break time if to do so would13 unduly disrupt the District’s operations. Supervisors are encouraged to consider flexible14 schedules when accommodating employees’ needs. Building administrators are authorized to15 work with teachers to provide students necessary time to express milk for a child

The District shall make reasonable efforts to provide a room or other location, other than a toilet18 stall, where an employee or student can express breast milk and access to a place to store19 expressed breast milk safely. The available space shall include the provision for lighting and20 electricity for the pump apparatus. If possible, supervisors and building administrators shall21 ensure that those employees or students in need of such accommodations shall be aware of them22 prior to maternity leave.

Legal Reference: § 39 2 215, MCA Public employer policy on support of women and25 breastfeeding unlawful discrimination26 § 39 2 216, MCA Private Place for nursing mothers27 § 39 2 217, MCA Break time for nursing mothers28 37.111.811, ARM Physical Requirements

Policy History:31 Adopted on: 9/11/0732 Reviewed on: 8/14/1233 Revised on: 8/17/2134

In accordance with provisions of the Family Medical Leave Act of 1993 (FMLA), a leave of7 absence of up to twelve (12) weeks during a twelve (12) month period may be granted to an8 eligible employee for the following reasons: 1) birth of a child; 2) placement of a child for9 adoption or foster care; 3) a serious health condition which makes the employee unable to10 perform functions of the job; 4) to care for the employee’s spouse, child, or parent with a serious11 health condition; 5) because of a qualifying exigency (as the Secretary shall, by regulation,12 determine) arising out of the fact that the spouse or a son, daughter, or parent of the employee is13 on active duty (or has been notified of an impending call or order to active duty) in the Armed14 Forces in support of a contingency operation.

Servicemember Family Leave

Subject to Section 103 of the FMLA of 1993, as amended, an eligible employee who is the19 spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a20 total of twenty six (26) workweeks of leave during a twelve (12) month period to care for the21 servicemember. The leave described in this paragraph shall only be available during a single22 twelve (12) month period.

An employee is eligible to take FMLA leave, if the employee has been employed for at least25 twelve (12) months and has worked at least one thousand two hundred fifty (1,250) hours during26 the twelve (12) months immediately prior to the date leave is requested, and there have been at27 least fifty (50) District employees within seventy five (75) miles for each working day during28 twenty (20) or more workweeks in the current or preceding calendar year.

Employees will not be required to use appropriate paid leave while on FMLA leave. Workers’31 compensation absences will not be designated FMLA leave.

The Board has determined that the twelve (12) month period during which an employee may34 take FMLA leave is July 1 to June 30.

The Superintendent has discretion to require medical certification to determine initial or37 continued eligibility under FMLA as well as fitness for duty.

NOTE: This provision applies to school districts with fifty (50) or more employees. Those districts with less than fifty (50) employees must comply with notice and record retention but are not obligated to provide the leave as a benefit of any employee’s employment. The FMLA poster may be obtained by going to the Montana Department of Labor website, highlight “Resources & Services” tab and click on “Required Postings”.

Legal Reference: 29 CFR 825, 29 USC 2601, et seq. Family and Medical Leave Act of4 19935

§§2 18 601, et seq., MCA Leave Time6 §§49 2 301, et seq., MCA Prohibited Discriminatory Practices7 Section 585 National Defense Authorization Act for FY 2008, Public8 Law [110 181]

Policy History:11 Adopted on: February 9, 199912 Reviewed on:13 Revised on: 12/13/2010, 08/14/201214

Family Medical Leave

Who Is Eligible

Employees are eligible if they have worked for the District for at least one (1) year, and for one9 thousand two hundred fifty (1,250) hours over the previous twelve (12) months, and if there have10 been at least fifty (50) District employees within seventy five (75) miles for each working day11 during twenty (20) or more workweeks in the current or preceding calendar year.

Benefit

Under certain conditions, eligible employees, if qualified, may be entitled to up to twelve (12)16 weeks or twenty six (26) weeks leave with continuing participation in the District’s group17 insurance plan.

Reasons for Taking Leave

Unpaid leave will be granted to eligible employees for any of the following reasons:

a. To care for the employee’s child after birth, or placement for adoption or foster care;24

b. To care for the employee’s spouse, child, or parent (does not include parents in law) who25 has a serious health condition;26

c. For a serious health condition that makes the employee unable to perform the employee’s27 job;

Military Family Leave

a. Military Caregiver Leave32

An eligible employee who is a relative of a servicemember can take up to 2633 weeks in a 12 month period in order to care for a covered servicemember who is34 seriously ill or injured in the line of duty.

b. Qualified Exigency leave

An eligible employee can take up to the normal 12 weeks of leave if a family38 member is on covered active duty. Covered active duty includes duty of a member of a regular component of the Armed Forces during deployment to a foreign country, and duty of a member of a reserve component of the Armed Forces during deployment to a foreign country under a call or order to active duty in support of specified contingency operations.

Qualifying Exigencies include:

a. Short notice deployment

b. Military events and related activities6

c. Childcare and school activities7

d. Financial and legal arrangements8

e. Counseling9 Rest and recuperation10

f. Post deployment activities; and11

g. Additional activities agreed to by the employer and the employee.

Substitution of Paid Leave

Paid leave will be substituted for unpaid leave under the following circumstances:

a. Accumulated sick/personal leave will be utilized concurrently with any FMLA leave that18 is taken for a serious health reason as described in (b) or (c) above.19

b. Accumulated vacation/personal leave will be utilized concurrently with any FMLA leave20 that is taken for a family reason as described in (a) above.21

c. Accumulated sick leave will be utilized concurrently with FMLA leave, whenever the22 FMLA leave is taken for reasons which qualify for sick leave benefits pursuant to District23 policy or an applicable collective bargaining agreement.24

d. Whenever appropriate workers’ compensation absences shall be designated FMLA leave.25

e. Servicemember FMLA runs concurrent with other leave entitlements provided under26 federal, state, and local law.

When Both Parents Are District Employees

If both parents of a child are employed by the District, they each are entitled to a total of twelve31 (12) weeks of leave per year. However, leave may be granted to only one (1) parent at a time,32 and only if leave is taken: (1) for the birth of a child or to care for the child after birth; (2) for33 placement of a child for adoption or foster care, or to care for the child after placement; or (3) to34 care for a parent (but not a parent-in-law) with a serious health condition.

If spouses are employed by the same employer, the aggregate number of weeks of leave that can37 be taken is twenty six (26) weeks in a single twelve (12) month period for serviceperson leave or38 a combination of exigency and serviceperson leave. The aggregate number of weeks of leave39 that can be taken by a husband and wife who work for the same employer is twelve (12) weeks if40 for exigency leave only.

Employee Notice Requirement

The employee must follow the employer’s standard notice and procedural policies for taking6 FMLA.

Employer Notice Requirement (29 C.F.R. §825.300)

Employers are required to provide employees with notice explaining the FMLA through a poster11 and either a handbook or information upon hire. If an employee requests FMLA leave, an12 employer must provide notice to the employee within five (5) business days of whether the13 employee meets the FMLA eligibility requirements. If an employee is not eligible to take14 FMLA, the employer must provide a reason. The employer must also provide a rights and15 responsibilities notice outlining expectations and obligations relating to FMLA leave. If FMLA16 leave is approved by the employer, it must provide th employee with a designation notice stating17 the amount of leave that will be counted against an employee’s FMLA entitlement.

Notice for Leave Due to Active Duty of Family Member

In any case in which the necessity for leave is foreseeable, whether because the spouse or a son,22 daughter, or parent of the employee is on active duty or because of notification of an impending23 call or order to active duty in support of a contingency operation, the employee shall provide24 such notice to the employer as soon as is reasonable and practicable.

Requests

A sick leave request form is to be completed whenever an employee is absent from work for29 more than three (3) days or when an employee has need to be absent from work for continuing30 treatment by (or under the supervision of) a health care provider.

An employer may require that a request for leave be supported by a certification issued at such33 time and in such manner as the Secretary may by regulation prescribe. If the Secretary issues a34 regulation requiring such certification, the employee shall provide, in a timely manner, a copy of35 such certification to the employer.

Medical Certification

The District will require medical certification to support a request for leave or any other absence40 because of a serious health condition (at employee expense) and may require second (2nd) or41 third (3rd) opinions (at the employer’s expense) and a fitness for duty report or return to work42 statement.

Intermittent/Reduced Leave

FMLA leave may be taken “intermittently or on a reduced leave schedule” under certain6 circumstances. Where leave is taken because of birth or placement of a child for adoption or7 foster care, an employee may take leave intermittently or on a reduced leave schedule only with8 District approval. Where FMLA leave is taken to care for a sick family member or for an9 employee’s own serious health condition, leave may be taken intermittently or on a reduced10 leave schedule when medically necessary. An employee may be reassigned to accommodate11 intermittent or reduced leave. When an employee takes intermittent leave or leave on a reduced12 leave schedule, increments will be limited to the shortest period of time that the District’s payroll13 system uses to account for absences or use of leave.

Insurance

An employee out on FMLA leave is entitled to continued participation in the appropriate group18 health plan, but it is incumbent upon the employee to continue paying the usual premiums19 throughout the leave period. An employee’s eligibility to maintain health insurance coverage will20 lapse if the premium payment is more than thirty (30) days late. The District will mail notice of21 delinquency at least fifteen (15) days before coverage will cease.

Return2524

Upon return from FMLA leave, reasonable effort shall be made to place the employee in the26 original or equivalent position with equivalent pay, benefits, and other employment terms.

Recordkeeping

Employees, supervisors, and building administrators will forward requests, forms, and other31 material to payroll to facilitate proper recordkeeping.

Summer Vacation

The period during the summer vacation or other scheduled breaks (i.e., Christmas) an employee36 would not have been required to work will not count against that employee’s FMLA leave37 entitlement.

SPECIAL RULES FOR INSTRUCTIONAL EMPLOYEES

Leave More Than Five (5) Weeks Before End of Term

If an instructional employee begins FMLA leave more than five (5) weeks before the end of8 term, the District may require the employee to continue taking leave until the end of a semester9 term, if:

a. The leave is at least three (3) weeks; and12 b. The employee’s return would take place during the last three (3) week period of the13 semester term.

Leave Less Than Five (5) Weeks Before End of Term

If an instructional employee begins FMLA leave for a purpose other than that employee’s own18 serious health condition less than five (5) weeks before the end of term, the District may require19 the employee to continue taking leave until the end of a semester term, if:

a. The leave is longer than two (2) weeks; and

b. The employee’s return would take place during the last two (2) week period of the24 semester term.

Leave Less Than Three (3) Weeks Before End of Term

If an instructional employee begins FMLA leave for a purpose other than that employee’s own29 serious health condition less than three (3) weeks before the end of term, the District may require30 the employee to continue taking leave until the end of the academic term if the leave is longer31 than five (5) days.

Intermittent or Reduced Leave

Under certain conditions, an instructional employee needing intermittent or reduced leave for36 more than twenty percent (20%) of the total working days over the leave period may be required37 by the District to:

a. Take leave for a period(s) of particular duration not to exceed the duration of treatment;40 or41

b. Transfer to an alternate but equivalent position.

Procedure History:44 Adopted on: 3/10/2045 Reviewed on:46 Revised on:47

Long Term Illness/Temporary Disability Leave

Employees may use sick leave for long term illness or temporary disability, and, upon the7 expiration of sick leave, the Board may grant eligible employees leave without pay if requested.8 Medical certification of the long term illness or temporary disability may be required, at the9 Board’s discretion.

Leave without pay arising out of any long term illness or temporary disability shall commence12 only after sick leave has been exhausted. The duration of leaves, extensions, and other benefits13 for privileges such as health and long term illness, shall apply under the same conditions as other14 long term illness or temporary disability leaves.

Policy History:17 Adopted on: 3/10/2018 Reviewed on:19 Revised on:20

Long Term Illness/Temporary Disability

The following procedures will be used when an employee has a long term illness or temporary7 disability:98

1.

2.201918171615

3.232221

When any illness or temporarily disabling condition is “prolonged,” an employee will be asked by the administration to produce a written statement from a physician, stating that the employee is temporarily disabled and is unable to perform the duties of his/her position until such a time.

In the case of any extended illness, procedures for assessing the probable duration of the temporary disability will vary. The number of days of leave will vary according to different conditions, individual needs, and the assessment of individual physicians. Normally, however, the employee should expect to return on the date indicated by the physician, unless complications develop which are further certified by a physician.

An employee who has signified his/her intent to return at the end of extended leave of absence shall be reinstated to his/her original job or an equivalent position with equivalent pay and accumulated seniority, retirement, fringe benefits, and other service credits.

Procedure History:27

Adopted on: 3/10/2028 Reviewed on:29 Revised on:30

Maternity Leave

The School District’s maternity leave policy covers employees who are not eligible for FMLA7 leave at Policy 5328. Maternity leave includes only continuous absence immediately prior to8 adoption, delivery, absence for delivery, and absence for post delivery recovery, or continuous9 absence immediately prior to and in the aftermath of miscarriage or other pregnancy related10 complications.

The School District shall not refuse to grant an employee a reasonable leave of absence for13 pregnancy or require that an employee take a mandatory maternity leave for an unreasonable14 length of time. The School District has determined that maternity leave shall not exceed twelve15 (12) weeks unless mandated otherwise by the employee’s physician.

The School District shall not deny to the employee who is disabled as a result of pregnancy any18 compensation to which the employee is entitled as a result of the accumulation of disability or19 leave benefits accrued pursuant to plans maintained by the employer, provided that the employer20 may require disability as a result of pregnancy to be verified by medical certification that the21 employee is not able to perform employment duties.

An employee who has signified her intent to return at the end of her maternity leave of absence24 shall be reinstated to her original job or an equivalent position with equivalent pay and25 accumulated seniority, retirement, fringe benefits, and other service credits.

Legal Reference: § 49 2 310, MCA Maternity leave unlawful acts of employers29 § 49 2 311, MCA Reinstatement to job following pregnancy related30 leave of absence31 Admin. R. Mont. 24.9.1201 1207 Maternity Leave

Policy History:34 Adopted on: 3/10/2020 on:36 on:37

Insurance Benefits for Employees

Newly hired employees are eligible for insurance benefits offered by the District for the7 particular bargaining unit to which an employee belongs. Other employees will be offered8 benefits consistent with the District benefit plan, with exceptions noted below:

1. Classified employees who are employed less than half (½) time (that is, who are regularly11 scheduled to work less than twenty (20) hours per week) will not be eligible for group12 health, dental, and life insurance and will not be considered to be a member of defined13 employee insurance benefit groups.

2. Any permanent employee who works half (½) time or more is eligible for group health16 and dental insurance, irrespective of the unit to which the employee belongs. All medical17 and dental insurance premiums will be prorated in the amount of the full contract in terms18 of full time equivalency multiplied by the District’s maximum contribution as prescribed19 by the applicable collective bargaining agreement or Board policy.

A medical examination at the expense of the employee may be required, if the employee elects to22 join the District health insurance program after initially refusing coverage during the “open23 season” (*July). An eligible employee wishing to discontinue or change health insurance24 coverage must initiate the action by contacting the personnel office and completing appropriate25 forms.

Anniversary dates of the health and dental insurance policies for the District shall be July 1st through June 30th 2

Policy

Holidays and Leave Benefits

Holidays for classified staff not covered under a Collective Bargaining Agreement (CBA) are7 dictated in part by the school calendar. Temporary employees will not receive holiday pay. Part8 time employees will receive holiday pay on a prorated basis.

Employee is expected to be on the job in the assigned location during the hours assigned by the Superintendent.

The following holidays will be observed:14

1. New year’s Day15

2. Martin Luther King Jr. Day16

3. Presidents Day17

4. Memorial Day18

5. Labor Day19

6. Columbus Day20

7. Veterans Day21

8. Thanksgiving Day22

9. Christmas Day23

When one of the above holidays fall on a day when school is in session, another day will be24 substituted for the paid holiday, unless the employee elects to be paid for the holiday in addition25 to the employee’s regular pay for all time worked on the holiday.

When a holiday occurs during a period in which vacation is being taken by an employee, the28 holiday will not be charged against the employee’s annual leave.

LEAVE BENEFITS

For classified staff not covered under a Collective Bargaining Agreement, the employee shall be33 entitled to other leave Benefits (bereavement leave, temporary leave, personal leave, extended34 leave) as approved for the Certified Teaching Personal in the DLEA CBA. Maternity leave will35 be provided on the same bases a sick leave.

Policy History:39

Adopted on: March 9, 199940 Reviewed on: 08/14/201241 Revised on: 01/10/2017

Vacations

Classified and twelve (12) month administrative employees will accrue annual vacation leave7 benefits in accordance with §§ 2 18 611, 2 18 612, 2 18 614 through 2 18 617 and 2 18 621,8 MCA. Nothing in this policy guarantees approval for granting specific days as annual vacation9 leave in any instance. The District will judge each request for vacation in accordance with10 staffing needs.

Employees are not entitled to any vacation leave with pay until they have been continuously13 employed for a period of six (6) calendar months.

Legal Reference: § 2-18-611, MCA Annual vacation leave18 § 2 18 612, MCA Rate earned19 § 2 18 617, MCA Accumulation of leave cash for unused transfer

Policy History:22 Adopted on: March 9, 199923 Reviewed on: 08/14/201224 Revised on:25

All classified employees, except those in a temporary status, serving more than six (6) months,7 are eligible to earn vacation leave credits retroactive to the date of employment. Leave credits8 may not be advanced nor may leave be taken retroactively. A seasonal employee’s accrued9 vacation leave credits may be carried over to the next season, if management has a continuing10 need for the employee, or paid out as a lump sum payment to the employee when the season11 ends (generally in June). The employee may request a lump sum payment at the end of each12 season.

Vacation is earned according to the following schedule:

RATE EARNED SCHEDULE

Years of Working Days19 Employment Credit per Year20 1 day - 10 years 1521 10 15 years 1822 15 20 years 2123 20 years on 24

Time as an elected state, county, or city official, as a school teacher, or as an independent26 contractor, does not count toward the rate earned. For purposes of this paragraph, an employee of27 a district or the university system is eligible to have school district or university employment28 time count toward the rate earned schedule, if that employee was eligible for annual leave in the29 position held with the school district or university system.

Maximum Accrual of Vacation Leave

All full time and part time employees serving in permanent and seasonal positions may34 accumulate two (2) times the total number of annual leave credits they are eligible to earn per35 year, according to the rate earned schedule.

Sick Leave Bank

An employee may contribute accumulated vacation leave to the sick leave bank provided for in §40 2 18 618, MCA. Donation of vacation leave credits to and use of vacation leave credits in the41 sick leave bank are governed by terms of the current collective bargaining agreement.

Annual Pay Out

The District may, in its sole discretion and/or subject to the terms of a collective bargaining

agreement, provide cash compensation in January of each year for unused vacation leave in lieu4 of the accumulation of vacation leave. Before the buyout can occur, a letter must be submitted5 to the Board of Trustees informing them of the buyout.

Lump Sum Payment Upon Termination

An employee who terminates employment for reasons not reflecting discredit on the employee10 shall be entitled, upon the date of such termination, to cash compensation for unused vacation11 leave, assuming that the employee has worked the qualifying periods set forth in § 2 18 611,12 MCA. The District shall not pay accumulated leaves to employees who have not worked the13 qualifying period. Vacation leave contributed to the sick leave bank is nonrefundable and is not14 eligible for cash compensation upon termination.

Legal Reference: §§ 2 18 611 § 2 18 618, MCA Leave Time

Policy History:21 Adopted on: 3/9/199922 Reviewed on: 8/14/1223 Revised on: 5/11/2124

Compensatory Time and Overtime for Classified Employees

Non exempt classified employees who work more than forty (40) hours in a given workweek7 may receive overtime pay of one and one half (1½) times the normal hourly rate, unless the8 District and the employee agree to the provision of compensation time at a rate of one and one9 half (1½) times all hours worked in excess of forty (40) hours in any workweek. The10 Superintendent must approve any overtime work of a classified employee.

Under Montana law and the Federal Fair Labor Standards Act, a classified employee may not13 volunteer to work without pay in an assignment similar to the employee’s regular work.

A non exempt employee who works overtime without authorization may be subject to16 disciplinary action.

Blended Time

Classified Employees working two or more jobs for the District at different rates of pay shall be paid21 overtime at a weighted average of the differing wages. This shall be determined by dividing the total22 regular remuneration for all hours worked by the number of hours worked in that week to arrive at the23 weighted average. One half that rate is then multiplied times the number of hours worked over 40 to24 arrive at the overtime compensation due.

Example: Employee works one job at 30 hrs./week at $10.00/hr. The same employee works a different27 job at 20 hrs./week at $12.00/hr. (Same district). The employee would get $300.00 per week for the 3028 hr/week job ($10.00X30) and $240.00 per week for the 20 hr./week job ($12.00X20). A total of $540.0029 (regular remuneration). Divide $540.00 by 50(total hours worked) = $10.8/hr (weighted average). One30 half that rate ($10.80/2 = $5.40) is multiplied by 10 (number of hours over 40). $54.00 is the amount of31 overtime compensation due the employee based on the “blended time”.

NOTE: Please be advised that comp time is not required. If a district adopts a comp time34 policy, there are basically two (2) types of employees: 1) Those who are covered before the35 policy was adopted need to be treated on a case by case basis, and the agreement to allow comp36 time must be entered into before the work is performed. 2) Those hired after the policy is in place the Department of Labor has determined that the employee agreed to the policy. Some experts have said comp time is a credit card, not a savings account. The employee has broad latitude to decide when the time will be taken.

Legal Reference: 29 USC 201, et seq. Fair Labor Standards Act

Policy History: Adopted on: 08/14/2012

Reviewed on: Revised on: 04/14/2015

Workers’ Compensation Benefits

All employees of the District are covered by workers’ compensation benefits. In the event of an industrial7 accident, an employee should:98

1. Attend to first aid and/or medical treatment during an emergency;

2. Correct or report as needing correction a hazardous situation as soon as possible after an12 emergency situation is stabilized;

3. Report the injury or disabling condition, whether actual or possible, to the immediate supervisor,15 within forty eight (48) hours, on the Employer’s First Report of Occupational Injury or Disease;16 and

4. Call or visit the administrative office after medical treatment, if needed, to complete the necessary19 report of accident and injury on an Occupational Injury or Disease form.

The administrator will notify the immediate supervisor of the report and will include the immediate22 supervisor as necessary in completing the required report.

An employee who is injured in an industrial accident may be eligible for workers’ compensation benefits.25 By law, employee use of sick leave must be coordinated with receipt of workers’ compensation benefits,26 on a case by case basis, in consultation with the Workers’ Compensation Division, Department of Labor27 and Industry.

The District will not automatically and simply defer to a report of industrial accident but will investigate30 as it deems appropriate to determine: (1) whether continuing hazardous conditions exist which need to be31 eliminated; and (2) whether in fact an accident attributable to the District working environment occurred32 as reported. The District may require the employee to authorize the employee’s physician to release33 pertinent medical information to the District or to a physician of the District’s choice, should an actual34 claim be filed against the Workers’ Compensation Division, which could result in additional fees being35 levied against the District.

*An employee who elects to receive Worker’s Compensation benefits shall, upon commencement of the38 benefits, be considered in Leave Without Pay status, and shall no longer be eligible for District group39 insurance benefits except as may be required by the FMLA and to the extent provided for all employees40 on Leave Without Pay status, i.e., that all premiums are due in advance on a monthly basis for the41 duration of the Leave Without Pay. The District will discontinue its contributions for group insurance on42 behalf of any employee on a Leave Without Pay status at the end of the month in which Leave Without43 Pay commences.

Legal Reference: §§ 39 71 101, et seq., MCA Workers’ Compensation Act46 Policy History:47 Adopted on: March 9, 1999

Reviewed on: 08/14/2012 Revised on:50

Payment of Interest on Employer Contributions for Workers’ Compensation Time

An employee absent because of an employment related injury entitling the employee to workers’7 compensation payments may, upon the employee’s return to service, contribute to the retirement8 system an amount equal to the contributions that would have been made by the employee to the9 system on the basis of the employee’s compensation at the commencement of the employee’s10 absence plus regular interest accruing from one (1) year from the date after the employee returns11 to service to the date the employee contributes for the period of absence.

The District has the option to pay, or not pay, the interest on the employer’s contribution for the14 period of absence based on the salary as calculated. If the employer elects not to pay the interest15 costs, this amount must be paid by the employee.

It is the policy of this District to not pay the interest costs associated with the employer’s18 contribution.

Legal Reference: §§ 19 3 504, MCA Absence due to illness or injury.

Policy History:25 Adopted on: 08/14/201226 Reviewed on:27 Revised on:28

Teachers’ Aides/Paraeducators

Teachers’ aides/paraeducators, as defined in the appropriate job descriptions, are under the7 supervision of a principal and a teacher to whom the principal may have delegated responsibility8 for close direction. The nature of the work accomplished by paraeducators will encompass a9 variety of tasks that may be inclusive of “limited instructional duties.”

Paraeducators are employed by the District mainly to assist the teacher. A paraeducator is an12 extension of the teacher, who legally has the direct control and supervision of the classroom or13 playground and responsibility for control and the welfare of the students.

In compliance with applicable legal requirements, the Board shall require all paraeducators with16 instructional duties, that are newly hired in a Title I school wide program, to have:

1. Completed at least two (2) years of study at an institution of higher education;

2. Obtained an Associate’s or higher degree; or

3. Met a rigorous standard of quality, and can demonstrate through a formal state or local23 academic assessment the knowledge of and ability to assist in the instruction of reading,24 writing, or mathematics or the instruction of readiness of these subjects.

It is the responsibility of each principal and teacher to provide adequate training for a27 paraeducator. This training should take into account the unique situations in which a28 paraeducator works and should be designed to cover the general contingencies that might be29 expected to pertain to that situation. During the first thirty (30) days of employment, the30 supervising teacher or administrator shall continue to assess the skills and ability of the31 paraeducator to assist in reading, writing, and mathematics instruction.

The Superintendent shall develop and implement procedures for an annual evaluation of34 teachers’ aides/paraeducators. Evaluation results shall be a factor in future employment35 decisions.

Legal Reference: Public Law 107 110, No Child Left Behind Act of 2001

Policy History:42 Adopted on: March 9, 1999943 Reviewed on:44 Revised on: February 11, 2003, 08/14/201245

The District recognizes the valuable contributions made to the total school program by members of the7 community who act as volunteers.

All employees and volunteers shall receive information clearly explaining the duties of supervising10 children in school, on the playground, and on field trips; and an appropriate degree of training and/or11 supervision of each volunteer shall be administered commensurate with the responsibility undertaken.12 The Superintendent shall develop and implement procedures for the utilization of volunteers within the13 District.

Volunteers who are formally acting on behalf of and are assisting in school projects shall be covered by16 the District’s liability insurance. This does not alleviate a volunteer, as is the case with an employee,17 from exercising appropriate judgment and responsibility in the discharge of all duties in accordance with18 the policies of the Board.

Volunteers who have unsupervised access to children are subject to the District’s policy mandating21 background checks.

Chaperones

The Superintendent may direct that appropriate screening processes be implemented to assure that adult26 chaperones are suitable and acceptable for accompanying students on field trips or excursions.

When serving as a chaperone for the District, the parent(s)/guardian(s) or other adult volunteers, including29 employees of the District, assigned to chaperone, shall not use tobacco products in the presence of30 students, nor shall they consume any alcoholic beverages or use any illicit drug during the duration of31 their assignment as a chaperone, including during the hours following the end of the day’s activities for32 students. The chaperone shall not encourage or allow students to participate in any activity that is in33 violation of District policy during the field trip or excursion, including during the hours following the end34 of the day’s activities. Chaperones shall be given a copy of these rules and sign a letter of understanding35 verifying they are aware of and agree to these District rules before being allowed to accompany students36 on any field trip or excursion.

Any chaperone found to have violated these rules shall not be used again as a chaperone for any District39 sponsored field trips or excursions and may be excluded from using District sponsored transportation for40 the remainder of the field trip or excursion and be responsible for their own transportation back home.41 Employees found to have violated these rules may be subject to disciplinary action.

Cross Reference: 5122 Fingerprints and Criminal Background Investigations

Policy History:47

Adopted on: March 9, 1999

Reviewed on:49 Revised on: 08/14/2012

Student Teachers/Interns

The District recognizes its obligation to assist in the development of members of the teaching7 profession. The District shall make an effort to cooperate with accredited institutions of higher8 learning in the education of student teachers and other professionals in training (such as interns)9 by providing a reasonable number of classroom and other real life situations each year.

The District and the respective training institutions shall enter into mutually satisfactory12 agreements whereby the rules, regulations, and guidelines of the practical experiences shall be13 established.

The Superintendent shall coordinate all requests from cooperating institutions for placement with16 building principals so that excessive concentrations of student teachers and interns shall be17 avoided. As a general rule:

1. A student teacher shall be assigned to a teacher or other professional who has agreed to20 cooperate and who has no less than three (3) years of experience in the profession;

2. A supervising professional shall be assigned no more than one (1) student teacher/intern23 per school year;

3. The supervising professional shall remain responsible for the class;

4. The student teacher shall assume the same conditions of employment as a regular teacher28 with regard to meeting the health examination requirements, length of school day,29 supervision of co curricular activities, staff meetings, and in service training; and

5. The student teacher shall be subject to the District policy regarding background checks, if32 the student teacher has unsupervised access to children.

Cross Reference: 5122 Fingerprints and Criminal Background Investigations

Legal Reference: § 20 4 101(2) and (3), MCA System and definitions of teacher and39 specialist certification student teacher exception

Policy History:43

Adopted on: March 9, 199944

Reviewed on: 08/14/201245 Revised on:46

Employee Electronic Mail and On Line Services Usage

Electronic mail (“e mail”) is an electronic message that is transmitted between two (2) or more7 computers or electronic terminals, whether or not the message is converted to hard copy format8 after receipt, and whether or not the message is viewed upon transmission or stored for later9 retrieval. E mail includes all electronic messages that are transmitted through a local, regional, or10 global computer network.

Because of the unique nature of e mail/Internet, and because the District desires to protect its13 interest with regard to its electronic records, the following rules have been established to address14 e mail/Internet usage by all employees:

The District e mail and Internet systems are owned by the District and are intended to be used17 for educational purposes only. While occasional personal use is allowed, employees should have18 no expectation of privacy when using the e mail or Internet systems for any purpose

Users of District e mail and Internet systems are responsible for their appropriate use. All illegal21 and improper uses of the e mail and Internet system, including but not limited to extreme22 network etiquette violations including mail that degrades or demeans other individuals,23 pornography, obscenity, harassment, solicitation, gambling, and violating copyright or24 intellectual property rights, are prohibited. Abuse of the e mail or Internet systems through25 excessive personal use, or use in violation of the law or District policies, will result in26 disciplinary action, up to and including termination of employment.

All e mail/Internet records are considered District records and should be transmitted only to29 individuals who have a need to receive them. If the sender of an e mail or Internet message does30 not intend for the e mail or Internet message to be forwarded, the sender should clearly mark the31 message “Do Not Forward.”

In order to keep District e mail and Internet systems secure, users may not leave the terminal34 “signed on” when unattended and may not leave their password available in an obvious place35 near the terminal or share their password with anyone except the system administrator. The36 District reserves the right to bypass individual passwords at any time and to monitor the use of37 such systems by employees.

Additionally, District records and e mail/Internet records are subject to disclosure to law enforcement or government officials or to other third parties through subpoena or other process. Consequently, the District retains the right to access stored records in cases where there is reasonable cause to expect wrongdoing or misuse of the system and to review, store, and disclose all information sent over the District e mail systems for any legally permissible reason, including but not limited to determining whether the information is a public record, whether it contains information discoverable in litigation, and to access District information in the employee’s

absence. Employee e mail/Internet messages may not necessarily reflect the views of the4 District.65

Except as provided herein, District employees are prohibited from accessing another employee’s7 e mail without the expressed consent of the employee. All District employees should be aware8 that e mail messages can be retrieved, even if they have been deleted, and that statements made9 in e mail communications can form the basis of various legal claims against the individual author10 or the District.

E mail sent or received by the District or the District’s employees may be considered a public13 record subject to public disclosure or inspection. All District e mail and Internet communications14 may be monitored.

Policy History:19 Adopted on: 03/09/199920 Reviewed on:21 Revised on: 08/14/201222

PROFESSIONAL STAFF DEVELOPMENT

School District #1 recognizes the importance of maintaining, developing, and extending skills of all staff members.8 The district encourages employees, at all levels, to engage in programs and activities which will lead to their9 professional growth, expansion of skills and increased job competence. Programs and activities include in service10 education conferences, workshops, study leaves, sabbatical leaves, and professional training.

In-service Education

The purpose of in service education, as defined by the district is:

To sharpen the skills of professional and nonprofessional staff members in their16 work with children, youth, and adults.

17

To increase the ability of staff members in their fields of specialization.18

To assist staff members in the implementation of innovative curriculum and Instructional practices.19

To encourage staff members to examine new trends in education.20

To promote evaluation of current practices.

Programs and Activities

In service education24

Professional conferences25

Professional workshops26

Additional course work27

Sabbatical leaves

Priority shall be given to those programs which further the implementation of the District’s educational30 objectives for any given year.

Evaluation of Needs

In service which would improve our curriculum based on an evaluation of staff needs or program weakness34 should be given priority. The administration will periodically conduct informal and formal needs assessments, as35 the basis for planning staff development activities.

Evaluation of In service Program

There will be an evaluation instrument or instruments developed to measure the extent to which the39 objectives for the program are met.

Committee for Staff Development

The administration will annually establish an advisory committee including teachers, administrative personnel and one member of the Board of Trustees. The major responsibilities of the committee are:

1. To develop and recommend annually a plan for a district staff development program.

2. To make recommendations for the implementation of the staff development program to the superintendent.

3. To evaluate the district staff development program.

4. To recommend an annual plan for staff development by March 31 of each year.

In service Plan4 School District #1

The following activities will be considered acceptable to meet the requirement of District #1 in service7 policy of 18 hours of in service.

1. In service education by the Deer Lodge School District.10

2. Professional Conference. MEA MFT Montana Reading Council Conference for example.11

4. Classes offered by the district’s Curriculum Consortium “Golden Triangle”12

5. Additional course work in content area, or approved by administration.

Professional Development

The district will include as part of its plan the two days scheduled in October as MEA MFT days. District17 employees will be encouraged to attend professional workshops held at this time. For those not wishing to18 participate, they may complete the in service requirement on their own time at a later date. The following conditions19 will apply:

1. In service may be completed on your own time (12 hours required yearly).22 2.23

3. Classes, courses and workshops used to make up MEA MFT days must be completed by JUNE 1st of the24 same academic year. Any classes taken after June 1st will count towards the following year. If there are25 special circumstances why this date will not work it needs to be given to the superintendent in writing,26 and will be at the discretion of the Superintendent if approved.

4. This district will not incur any expense for teacher in service unless it is a district wide program.

5. If the in service is not a professional Conference as described above the teacher must fill out form 5451f31 and have it approved by building principal and signed by superintendent.

6. Staying and working in one’s room is not an option for substitution for MEA MFT days.

7. Failure to complete in service training will be considered a violation of the teaching contract, and loss of36 salary will result.

Policy History41

Adopted on: March 9, 199942

Reviewed on:43 Revised on: December 11, 2012

Payment of Wages Upon Termination

When a District employee separates from employment, wages owed will be paid on the next7 regular pay day for the pay period in which the employee left employment or within fifteen (15)8 days whichever occurs first.

In the case of an employee discharged for allegations of theft connected to the employee’s work,11 the District may withhold the value of the theft, provided:

• The employee agrees in writing to the withholding; or

• The District files a report of the theft with law enforcement within seven (7) business16 days of separation.

If no charges are filed within thirty (30) days of the filing of a report with law enforcement,19 wages are due within a thirty (30) day period.

Legal Reference: § 39 3 205, MCA Payment of wages when employee separated from23 employment prior to payday exceptions

Policy History:27 Adopted on: 03/09/199928 Reviewed on: 08/14/201229 Revised on: 03/12/201930

Note:

(1) Any school district offering a group “health care plan” for its employees is affected by9 HIPAA. School districts offering health plans that are self insured will be entirely responsible10 for compliance with HIPAA, despite a third party administrator managing the plan. School11 districts may also be subject to HIPAA as a “health care provider” by either having a school12 based health center or a school nurse. School based health centers staffed and serviced by a13 hospital or local health department are responsible for complying with HIPAA if there is a14 sharing of records containing health information. For those districts providing the services of a15 school nurse, HIPAA regulations issued in 2000 commented that an “educational institution that16 employs a school nurse is subject to [the] regulations as a health care provider if the school17 nurse or the school engaged in a HIPAA transaction.” This transaction occurs when a school18 nurse submits a claim electronically.

(2) Any personally identifiable health information contained in an “education record” under21 FERPA is subject to FERPA, not HIPAA.

Background2524

Health Insurance Portability and Accountability Act of 1996 (HIPAA)2726

The District’s group health plan is a Covered Entity under the Health Insurance Portability and28 Accountability Act of 1996 (HIPAA) and its implementing regulations, the Standards for the29 Privacy of Individually Identifiable Information. In order to comply with HIPAA and its related30 regulations, the District has implemented the following HIPAA Privacy Policy:

The HIPAA Privacy Rule

HIPAA required the federal government to adopt national standards for electronic health care35 transactions. At the same time, Congress recognized that advances in electronic technology36 could erode the privacy of health information and determined there was a need for national37 privacy standards. As a result HIPAA included provisions which mandated the adoption of38 federal privacy standards for individually identifiable health information.

The standards found in the Privacy Rule are designed to protect and guard against the misuse of41 individually identifiable health information, with particular concern regarding employers using an employee’s (or dependent’s) health information from the group health plan to make adverse employment-related decisions. The Privacy Rule states that verbal, written, or electronic information that can be used to connect a person’s name or identity with medical, treatment, or health history information is Protected Health Information (PHI) under the HIPAA Privacy Rule.

Under the HIPAA Privacy Rule:

1. Individuals have a right to access and copy their health record to the extent allowed by6 HIPAA.

2. Individuals have the right to request an amendment to their health record. The plan may9 deny an individual’s request under certain circumstances specified in the HIPAA Privacy10 Rule.

3. Individuals have the right to an accounting of disclosures of their health record for13 reasons other than treatment, payment, or healthcare operations.

4. PHI, including health, medical, and claims records, can be used and disclosed without16 authorization for specific, limited purposes (treatment, payment, or operations of the17 group health plan). A valid authorization from the individual must be provided for use or18 disclosure for other than those purposes.

5. Safeguards are required to protect the privacy of health information.

6. Covered entities are required to issue a notice of privacy practices to their enrollees.

7. Violators are held accountable with civil and criminal penalties for improper use or25 disclosure of PHI.

Compliance

The District Clerk has been designated Privacy Officer. The Privacy Officer will oversee all30 ongoing activities related to the development, implementation, maintenance of, and adherence to31 the District’s policies and procedures covering the privacy of and access to patient health32 information in compliance with HIPAA, other applicable federal and state laws, and the33 District’s privacy practices.

As required for a Covered Entity under HIPAA, the plan has developed these internal privacy36 policies and procedures to assure that PHI is protected and that access to and use and disclosure37 of PHI are restricted in a manner consistent with HIPAA’s privacy protections. The policies and38 procedures recognize routine and recurring disclosures for treatment, payment, and healthcare operations and include physical, electronic, and procedural safeguards to protect PHI. The procedures include safeguards for sending PHI via mail or fax, receiving PHI for plan purposes, and workstation safeguards and procedures for securing and retaining PHI received by the plan. Plan participants are entitled to receive a copy of the plan’s policies and procedures upon request.

Designating a limited number of privacy contacts allows the District to control who is receiving

PHI from the contract claims payor for plan operations purposes. The contract claims payor will4 provide only the minimum PHI necessary for the stated purpose and, as required under the5 Privacy Rule, will provide PHI only to individuals with a legitimate need to know for plan6 operations purposes.

The District has distributed a notice of privacy practices to plan participants. The notice informs9 plan participants of their rights and the District’s privacy practices related to the use and10 disclosure of PHI. A copy of this notice may be obtained by contacting the Privacy Officer.

The District has reviewed how PHI is used and disclosed by the plan and has limited disclosure13 of that information to employees who have a legitimate need to know or possess the PHI for14 healthcare operations and functions. The District will make reasonable efforts to use de15 identified information whenever possible in the operations of the plan and will only use the16 minimum PHI necessary for the stated purpose.

Some of the District’s employees need access to PHI in order to properly perform the functions19 of their jobs. The District has identified these employees and has given them training in the20 important aspects of the HIPAA Privacy Rule, the privacy policy, and procedures. New21 employees who will have access to PHI will receive training on the HIPAA Privacy Rule and22 related policies and procedures as soon as reasonably possible after they are employed.23 Employees who improperly use or disclose PHI or misuse their access to that information may24 be subject to discipline, as deemed appropriate.

In the event the group health plan must disclose PHI in the course of performing necessary plan27 operations functions or as required by law or a governmental agency, the District has developed28 a system to record those disclosures and requests for disclosures. An individual may request a29 list of disclosures of his or her PHI made by the plan for other than treatment or claims payment30 purposes. All requests for an accounting of PHI disclosures must be made in writing, and the31 plan may impose fees for the cost of production of this information. Requests will be responded32 to within sixty (60) days. If the plan is not able to provide the requested information within sixty33 (60) days, a written notice of delay will be sent to the requesting individual, with the reasons for34 the delay and an estimated time for response.

In order to comply with the new privacy regulations, the plan has implemented compliant37 communication procedures. Except for its use in legitimate healthcare operations, written38 permission will be required in order for the District to disclose PHI to or discuss it with a third39 party.

The HIPAA Privacy Rule prohibits the District from disclosing medical information without the patient’s written permission other than for treatment, payment, or healthcare operations purposes. An authorization signed by the patient and designating specified individuals to whom the District may disclose specified medical information must be on file, before the plan can discuss a patient’s medical information with a third party (such as a spouse, parent, group health plan

The District has taken the following steps to ensure PHI is safeguarded:

• The District has implemented policies and procedures to designate who has and who does8 not have authorized access to PHI.

• Documents containing PHI are kept in a restricted/locked area.

• Computer files with PHI are password protected and have firewalls making unauthorized13 access difficult.

• Copies of PHI will be destroyed when information is no longer needed, unless it is16 required by law to be retained for a specified period of time.

• The District will act promptly to take reasonable measures to mitigate any harmful effects19 known to the group health plan, due to a use or disclosure of PHI in violation of the20 plan’s policies, procedures, or requirements of the HIPAA Privacy Rule.

• The District will appropriately discipline employees who violate the District’s group23 health plan’s policies, procedures, or the HIPAA Privacy Rule, up to and including24 termination of employment if warranted by the circumstances.

The District has received signed assurances from the plan’s business associates that they27 understand the HIPAA Privacy Rule, applicable regulations, and the Privacy Policy and will28 safeguard PHI just as the plan would.

The contract claims payor and certain other entities outside the group health plan require access31 on occasion to PHI, if they are business associates of the group health plan and in that role need32 to use, exchange, or disclose PHI from the group health plan. The plan requires these entities to33 sign an agreement stating they understand HIPAA’s privacy requirements and will abide by34 those rules just as the group health plan does, to protect the PHI to which they have access. For35 example the plan engages a certified public accountant to audit the plan annually and to make36 sure payments are made in compliance with the Plan Document. In order for the CPA to37 complete an audit, the auditor reviews a sample of the claims for accuracy.

The District will ensure health information will not be used in making employment and40 compensation decisions. The HIPAA Privacy Rule and other applicable laws expressly prohibit41 an employer from making adverse employment decisions (demotions, terminations, etc.) based42 on health information received from the group health plan. To the extent possible, the District has separated the plan operations functions from the employment functions and has safeguards in place to prevent PHI from the plan from going to or being used by an employee’s supervisor, manager, or superior to make employment related decisions.

Complaints

If an employee believes their privacy rights have been violated, they may file a written complaint6 with the Privacy Officer. No retaliation will occur against the employee for filing a complaint.7 The contact information for the Privacy Officer is:98

District Clerk10

Deer Lodge Elementary School District11 444 Montana Avenue12 Deer Lodge, Montana 59722

Policy History:17 Adopted on: 08/14/201218 Reviewed on:19 Revised on:20

Employee Use of Cellular Phones and Other Electronic Devices

The Board recognizes that the use of cellular telephones and other electronic communication7 devices may be appropriate to help ensure the safety and security of District property, students,8 staff, and others while on District property or engaged in District sponsored activities.9

Use of cellular telephones and other electronic communication devices in violation of Board10 policies, administrative regulations, and/or state/federal laws will result in discipline up to and11 including dismissal.12

District employees are prohibited from using cell phones or other electronic communication13 devices while driving or otherwise operating District owned motor vehicles, or while driving or14 otherwise operating personally owned vehicles when transporting students on school sponsored15 activities.

16

Emergency Use17

Staff are encouraged to use any available cellular telephone in the event of an emergency that18 threatens the safety of students, staff or other individuals.

Policy History:21 Adopted on: 08/14/201222 Reviewed on:23 Revised on:24

DEER LODGE ELEMENTARY SCHOOL DISTRICT

6000 TABLEADMINISTRATIONSERIESOFCONTENTS

6000 Goals

R 6110 6110P Superintendent 6121 District Organization 6121P District Organizational Chart

R 6140

Duties and Qualifications of Administrative Staff Other Than Superintendent

6141 Employment Restrictions for Administrative Personnel

R 6210 Principals 6310 Internships

R 6410 Evaluation of Administrative Staff 6420 Professional Growth and Development

Goals

The administrative staff’s primary functions are to manage the District and to facilitate the implementation of a quality educational program. It is the goal of the Board that the8 administrative organization:

1. Provide for efficient and responsible supervision, implementation, evaluation, and11 improvement of the instructional program, consistent with the policies established by the12 Board;

2. Provide effective and responsive communication with staff, students, parents, and other15 citizens; and

3. Foster staff initiative and rapport.

The District’s administrative organization will be designed so that all divisions and departments20 of the District are part of a single system guided by Board policies implemented through the21 Superintendent. Principals and other administrators are expected to administer their facilities in22 accordance with Board policy and the Superintendent’s rules and procedures.

Policy History:27 Adopted on: 05/11/199928 Reviewed on:29 Revised on: 08/14/201230

Duties and Authorities

The Superintendent is the District’s executive officer and is responsible for the administration and9 management of District schools, in accordance with Board policies and directives and state and federal10 law. The Superintendent is authorized to develop administrative procedures to implement Board policy11 and to delegate duties and responsibilities; however, delegation of a power or duty does not relieve the12 Superintendent of responsibility for that which was delegated.

Qualifications and Appointment

The Superintendent will have the experience and skills necessary to work effectively with the Board,17 District employees, students, and the community. The Superintendent must be appropriately licensed and18 endorsed in accordance with state statutes and Board of Public Education rules; or considered19 appropriately assigned if the Superintendent is enrolled in an internship program as defined in ARM20 10.55.602 and meets the requirements of ARM 10.55.607 and ARM 10.55.702.

Evaluation

At least annually the Board will evaluate the performance of the Superintendent, using standards and26 objectives developed by the Superintendent and the Board, which are consistent with District mission and27 goal statements. A specific time shall be designated for a formal evaluation session. The evaluation will28 include a discussion of professional strengths, as well as performance areas needing improvement.

Compensation and Benefits

The Board and the Superintendent will enter into a contract which conforms to this policy and state law.33 The contract will govern the employment relationship between the Board and the Superintendent.

Legal Reference: § 20 4 402, MCA Duties of district superintendent or county high school principal

ARM 10.55.602 Definition of Internship

ARM 10.55.607 Internships

ARM 10.55.702 Licensure and Duties of District Administrator District Superintendent

Policy History:43

Adopted on: 05/11/1999

Reviewed on: 08/14/2012 Revised on: 10/14/2014

Deer Lodge Elementary

ADMINISTRATION Superintendent

The Board will:

The Superintendent will: Select the Superintendent and delegate to him/her all necessary administrative powers. Serve as chief executive officer of the District.

Adopt policies for the operations of the school system and review administrative procedures.

Formulate a statement of goals reflecting the philosophy of the District.

Adopt annual objectives for improvement of the District.

Approve courses of study.

Recommend policies or policy changes to the Board and develop procedures which implement Board policy.

Provide leadership in the development, operation, supervision, and evaluation of the educational program.

Recommend annual objectives for improvement of the District.

Recommend courses of study.

Approve textbooks. Recommend textbooks.

Approve the annual budget.

Employ certificated and classified staff, in its discretion, upon recommendation of the Superintendent.

Authorize the allocation of certificated and classified staff.

Prepare and submit the annual budget.

Recommend candidates for employment as certificated and classified staff.

Recommend staff needs based on student enrollment, direct and assign teachers